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HomeMy WebLinkAboutL & H Farms Ltd-9/15/2014CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: September 2, 2014 Prepared: August 27, 2014 Dept. Head Signature: Noel Anderson # of Attachments: 2 SUBJECT: Set date of hearing for Exchange Agreement and Assignment of Real Estate Contract between the City of Waterloo and L and H Farms, Ltd for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District in the amount of $131,949 for 2.75 acres of land in September of 2014, and authorize Mayor and City Clerk to sign and fully execute all documents. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set the date of hearing for September 15, 2014 for approval of the Exchange Agreement and Assignment of Real Estate Contract, authorizing the acquisition and sale (exchange) of land in the total amount of $131,949 plus up to $10,000 in closing costs. Summary Statement: This would be the fifth acquisition of land under the original master agreement for the Tong -term (8 years) purchase of land in the San Marnan area. The City would be acquiring another 2.75 acres of land in this area, southeast of the Highway 20 and Ansborough Avenue interchange for future development. The City price of land being acquired is approximately $47,981 per acre for the development land in the City limits. It should be noted other farmland outside of the city limits has been selling for as high as $14,500 per acre, whereas the basis for the exchange agreement (3.21 ratio) and amount specified above is $14,150 per acre. This acquisition is paid out of the TIF District revenue itself, not out of general city funds. The TIF District and its funds are designed and required to be spent within the TIF District itself for improvements, this will be a large step in the continued planning, development, and marketing of this area. The City will earn rent money after acquisition, beginning at $190 per acre. Expenditure Required: $131,949 in September 2014, plus up to $10,000 in closing costs. Source of Funds: TIF cash CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo has been working for a number of years on the development of a South Waterloo Business Park concept. The continued development of this area of the City will work to provide for a major business and Tight industrial park setting along the Highway 20 corridor. Based on feedback from major companies, business location consultants, and the Waterloo Industrial Development Association, this growth along the Highway 20 corridor is key to drawing large companies, projects, and jobs to the City of Waterloo. This latest acquisition will now have the City owning approximately 74.44 acres, with an approximate 55 acres to be acquired under the agreement. The City continues to show this area for large development prospects. This current acquisition will further allow for areas of land needed for infrastructure improvements for full service of the area to be acquired immediately. The Waterloo City Council has previously zoned land in this area and expanded the San Marnan TIF District to include this land, down to the recently completed Shaulis Road extension, for business development of the area. The approval of these agreements would work as the next steps in this long-term process of development of this entire Highway 20 corridor area. Please return this copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT is entered into this l5 day of 3 2014, by and between the City of Waterloo, a municipal corporation ("City"), and L & H Farms, Ltd., an Iowa general partnership ("LHF"). WHEREAS, City has offered to purchase approximately 9.325 acres more or less of Black Hawk County agricultural land described on the attached Exhibit "A" (hereinafter "Farm Land") for the sum of $131,949.00 on or before Tuesday, September 30, 2014, if LHF will agree to accept a conveyance of the Farm Land in exchange for 2.75 acres of development land located at the intersection of U.S. Highway 20 and Ansborough Avenue; and WHEREAS, LHF is the owner of 2.75 acres of real property located at the southeast comer of the intersection of U.S. Highway 20 and Ansborough Avenue described on the attached Exhibit "B" and depicted on the aerial photograph on attached Exhibit "C" (hereinafter "Development Land"); and WHEREAS, LHF is willing to convey the Development Land to City in exchange for the Farm Land so as to qualify the transaction for the non -recognition of gain under Internal Revenue Code Sec. 1031 (such exchange being hereafter referred to as the 'Exchange"). NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Construction and Interpretation. This Agreement shall be carried out, governed by, and construed in accordance with the laws of Iowa and, to the extent necessary or appropriate, to obtain like -kind exchange treatment under Internal Revenue Code §1031. The parties agree to execute any additional documents required to allow this transaction to so qualify. LHF agrees to bear any expenses associated with document preparation necessary to qualify the Exchange for like -kind exchange treatment. Section 2. Contingencies. 2.1 City's obligations herein are subject to and conditioned upon the following: A. The City Council for the City of Waterloo, Iowa, adopting a resolution authorizing City to take assignment of the contract to purchase the Farm Land pursuant to the agreed-upon terms and conditions of the assignment set forth in Section 3 below, and further authorizing City to purchase the Farm Land for the sum of $131,949.00 pursuant to the terms and conditions of said contract; 1 3 B. The City Council for the City of Waterloo adopting a resolution authorizing City to convey the Farm Land to LHF in exchange for the Development Land by directing the sellers of the Farm Land to convey it directly to LHF in accordance with the terms of that certain Option Exchange Agreement between City and LHF dated March 8, 2010; C. City completing its purchase of the Farm Land prior to closing on this exchange with LHF. 2.2 LHF's obligations herein shall be subject to and conditioned upon City completing its purchase of the Farm Land. Section 3. Terms of Assignment. City will be taking assignment of an existing contract to purchase the Farm Land. A copy of said contract, as amended, is attached to this Agreement as Exhibit "D." A copy of the Assignment is attached as Exhibit "E." Section 4. Conveyance of Property. 4.1 City agrees to require the current owners of the Farm Land to convey said real property directly to LHF by warranty deed as consideration for LHF's conveyance of the Development Land to City by warranty deed; 4.2 City agrees to accept the conveyance of the Development Land in accordance with the terms and conditions of this Exchange Agreement. 4.3 In recognition of LHF's role in identifying and pre -approving the Farm Land for acquisition by City for purposes of this Agreement, LHF agrees to accept the conveyance of the Farm Land "as is," subject to all conditions, easements, restrictions and other characteristics, and hereby acknowledges that City has not made and will not make any representation or warranty with respect to the Farm Land, whether as to merchantability of said land, its fitness for any particular purpose, or otherwise. 4.4 The parties agree that both the Farm Land and the Development Land shall be deemed to have a value of $131,949.00 for purposes of this transaction. 4.5 No cash consideration will be exchanged between the parties. Section 5. Form of Conveyance 5.1 City shall cause the current owner of the Farm Land to convey said real property directly to LHF by Warranty Deed. LHF shall convey the Development Land to City by Warranty Deed. Title shall be merchantable title in accordance with the Iowa Title Standards. 5.2 All liens or clouds on title shall be removed prior the Exchange. 2 3 5.3 If title cannot be made merchantable within a reasonable period of time, this Exchange Agreement shall become null and void. Section 6. Closing. The closing on the Exchange contemplated herein shall occur contemporaneously with the closing on City's purchase of the Farm Land. It is expected that the closing will occur on or before Tuesday, September 30, 2014. Section 7. Property Taxes. 7.1 LHF acknowledges that City will receive a credit against the $131,949.00 purchase price for the Farm Land in an amount equal to the annual real estate taxes on the Farm Land prorated through the closing date, and that as a result of such credit, the seller of the Farm Land will expect City and its successors to pay the installments of property taxes due on and after March 31, 2015. LHF agrees to assume responsibility for making the general property tax payments for the Farm Land due March 31, 2015, and all subsequent installments. 7.2 LHF will pay the property taxes on the Development Land that are due September 30, 2014 and all prior installments. LHF will also pay a prorated share of the installment of general real estate taxes due on September 30, 2015. City shall be responsible for real estate taxes attributable to the Development Land due September 30, 2015, and all subsequent installments of general real estate taxes attributable to the Development Land, if any. Section 8. Survey. If the parties determine that a survey of the Development Land, or any part thereof, is required, then City shall reimburse LHF for the cost of procuring a plat of survey for the Development Land. The plat of survey must be completed and filed of record in the office of the Black Hawk County Recorder prior to the completion of the Exchange contemplated herein. Section 9. Abstracting. 9.1 The current owner of the Farm Land will provide City with an updated abstract of title for the Farm Land prior to City having to complete its purchase of the Farm Land. Upon receipt of the abstract of title, City shall deliver it to legal counsel for LHF. Legal counsel for LHF shall examine the title report and confirm that the current owner of the Farm Land possesses marketable title to the real estate as required by this Exchange Agreement. 9.2 LHF will provide City with an updated title report for the parcel of real estate that includes the Development Land. City acknowledges that the title report will include other real estate. City shall bear the expense of paying the abstract company to prepare a 3 3 separate title report for the Development Land. City may defer the preparation of this title report until such time as it is prepared to sell all or a portion of the Development Land. Section 10. Other Closing Costs. Each of the parties agrees to pay any closing costs not specifically addressed herein in the manner customarily paid by buyers and sellers as part of real estate transactions in the State of Iowa. Section 11. Option to Rent. City agrees that as long as City remains the titleholder to all or a portion of the Development Land, Lanehaven Farms, Inc., shall be entitled to rent any and all undeveloped portions of the Development Land on a year-to-year basis on the condition that Lanehaven Farms, Inc., enter into a written lease agreement with City requiring, among other things, that Lanehaven Farms, Inc., provide the same indemnification customarily required of tenants in a cash basis farm lease and that Lanehaven Farms, Inc., procure customary liability insurance identifying City as an additional insured. Annual rent for the first six (6) years shall be $190.00 per acre. Thereafter, annual rent shall be mutually agreed upon by the parties or in the absence of such agreement, it shall be set at the then prevailing fair rental value as determined by a mutually agreeable farm management company such as Hertz Farm Management. Rent shall be payable in December of each calendar year. Section 12. Notices. All notices, requests, demands, directions and other communications required or permitted to be given pursuant to this Agreement shall be valid if in writing and if delivered personally, or sent by certified or registered mail, return receipt requested, postage prepaid and addressed as follows: To City: To LHF: Section 13. Amendments. The City of Waterloo, a municipal corporation Attention: Ernest G. Clark, Mayor Attention: Suzy Schares, City Clerk 315 Mulberry Street Waterloo, Iowa 50703 L & H Farms, Ltd., an Iowa general partnership Lanehaven Farms, Inc., Partner Attention: Curtis Hollis, President 7052 Hammond Avenue Waterloo, Iowa 50701 This Agreement may not be modified except in a written instrument signed by the parties. 4 3 Section 14. Enforceability. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, executors, personal representatives and assigns. No party to this Agreement may assign their/its rights or interests hereunder without the prior written consent of each of the other parties. Section 15. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. Section 16. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed in this Agreement is intended or shall be construed to give to any person or entity, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect to this Agreement or any covenants, agreements, conditions and provisions herein contained, this Agreement and all of the covenants, agreements, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto. Section 17. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. Section 18. Intent. It is the intent of the parties that this Exchange Agreement shall permit each party to complete a like -kind exchange pursuant to Internal Revenue Code Sec. 1031 and it is intended to comply with the requirements of the regulations thereunder, including, but not limited to, Reg. 1.1030(k)-1. To the extent that any provisions herein conflict with the requirements of the safe harbor provisions contained therein, the requirements and the conditions of the statute and the regulations shall control. 5 IN WITNESS WHEREOF, City and LHF have each caused this Agreement to be executed, sealed and delivered as of the day and year first above written. THE CIT o F WATERLOO, A MUNICIPAL CORPORATION By: Ernest G. Clark, Mayor c: uzy SchCity Clerk L & H FARMS, LTD. By: LANEHAVEN FARMS, INC., Partner By: z Curtis G. Hollis, President STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the t eday of 3 2014, by Ernest G. Clark as Mayor and Suzy Schares as City Clerk of the City of Waterloo, Iowa, an Iowa municipal corporation. Notary Public in d for Black Hawk County, Iowa 1,1 A b DeAnne Kobliska 'leis COMMISSION NO. 763995 a MY COMMISSION EXPIRES Q al/ * 6 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the 3 day of 2014, by Curtis G. Hollis as President of Lanehaven Farms, Inc., an Iowa corporation, General Partner of L & H Farms, Ltd., an Iowa general partnership. 3 a s MARK ROUNGER r Commission Number 162107 My Com ; ^�,• 3tary Public in and for B,y Hawk County, Iowa 7 3 EXHIBIT "A" The North 1/4 of the Southwest Quarter of the Southeast Quarter (N 1/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (9.325 tillable acres, more or less). 8 3 EXHIBIT "B" Development Land Brown Parcel The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Quarter (N '/i SW '/a) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. 9 3 EXHIBIT "C" 10 3 EXHIBIT "D" Sieglaff Contract #3 11 3 EXHIBIT "E" ASSIGNMENT OF REAL ESTATE CONTRACT 12 A. Settlement Statement (HUD -1) OMB Approval No. 2502-0265 3 B. Type of Loan 1.0 FHA 2.0 RHS 3.0 Conv. Unins 4.0 VA 5.0 Conv. Ins 6. File Number. 7. Loan Number: 8. Mortgage Insurance Case Number: C. Note: This form is fumished to give you a statement "(p.o.c.)" were paid outside the closing: they of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower. City of Waterloo 715 Mulberry Street Waterloo, IA 50703 E. Name & Address of Seller: L & H Farms, Ltd. 7502 Hammond Avenue Waterloo, IA 50701 F. Name & Address of Lender. G. Property Location: S 46.8 feet of N 545.55 feet N 1/2 SW 1/4 Sec 9-88-13 Waterloo, IA H. Settlement Agent: Mark S. Rolinger 415 Clay Street Cedar Falls, IA 50613 TIN: Phone: (319) 277-6830 Lot : Block: Place of Settlement: 415 Clay Street Cedar Falls, IA 50613 I. Settlement Date: 9/30/2014 Funding Date: 9/30/2014 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101. Contract sales price 131, 949.00 401. Contract sales price 131, 949.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 403. 104. 404. 105. 405. Adjustments for Items paid by seller In advance Adjustments for Items paid by seller in advance 106. City/town taxes: 406. City/town taxes: to to 107. County taxes: 407. County taxes: to to 108. Assessments: 408. Assessments: to to 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due From Borrower 131, 949.00 420. Gross Amount Due To Seller 131, 949.00 200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 201. Deposit or eamest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 417.40 203. Existing loan(s) taken subiect to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. Buyer's conveyance of 506. Buyer's conveyance of 207. replacement property 131,949.00 507. replacement_property 131,949.00 208. 508. 209. 509. Adjustments for Items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes: 510. City/town taxes: to to 211. County taxes: 511. County taxes: to POC to POC 212. Assessments: 512. Assessments: to to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For Borrower 131, 949.00 520. Total Reduction Amount Due Seller 132, 366.40 300. Cash At Settlement From/To Borrower 600. Cash At Settlement To/From Seller 301. Gross Amount due from borrower (line 120) 131, 949.00 601. Gross amount due to seller (tine 420) 131, 949.00 302. Less amounts paid by/for borrower (line 220) 131, 949.00 602. Less reductions in amount due seller (line 520) 132, 366.40 303. Cash ❑x From 0 To Borrower o.00 603. Cash 0 To © From Seller 417.40 The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this Information, and you are not required to complete this form, unless It displays a currently valid OMB control number. No confidentiality is assured; this disclosure Is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process- © 2009-2011 Easy Soft. Previous editions are obsolete. Page 1 of 3 HUD -1 L. Settlement Charges File Number: Loan Number: 700. Total Real Estate Broker Fees Paid From Borrower's Funds at Settlement Paid From Seller's Funds at Settlement Division of Commission (line 700) as follows: 701, $ to 702. $ to 703. Commission paid at settlement 704. 800. Items Payable In Connection With Loan 801. Our origination charge $ (from GFE #1) 802. Your credit or charge (points) for the specific Interest rate chosen S (from GFE #2) 803. Your adlusted origination charges (from GFE A) 804. Appraisal fee to (from GFE #3) 805. Credit report to (from GFE #3) 806. Tax service to (from GFE #3) 807. Flood certification (from GFE #3) 808. 809. 810. 811. 900. Items Required By Lender To Be Paid In Advance 901. Daily interest charges from 9/30/2014 to 10/1/2014 @ $ /day (from GFE #10) 902. Mortgage insurance premium for 0 months to (from GFE #3) 903. Homeowner's insurance for 0 years to (from GFE #11) 904. 905. 1000. Reserves Deposited With Lender 1001. Initial deposit for your escrow account (from GFE #9) 1002. Homeowner's insurance months a per mo $ 1003. Mortgage insurance months @ per mo $ 1004. Property taxes months @ per mo $ 1005. months @ per mo $ 1006. months @ per mo $ 1007. Aggregate Adiustment $o . 00 1100. Title Charges 1101. Title services and lender's title insurance (from GFE #4) 1102. Settlement or closing fee 1103. Owner's title Insurance (from GFE #5) 1104. Lender's title insurance 1105. Lender's title policy limit $ 1106. Owner's title policy limit $ 1107. Agent's portion of the total insurance premium $ 1108. Underwriter's portion of the total Insurance premium $ 1109. 1110. 1111. 1200. Government Recording and Transfer Charges 1201. Govemment recording charges (from GFE #7) 1202. Deed $17.0o Mortgage $ Release $ 17.00 1203. Transfer taxes (from GFE #8) 1204. City/County tax/stamps: Deed $210.40 Mortgage $ 210.40 1205. State tax/stamps: Deed $ Mortgage $ 1206. $ 1207. $ 1300. Additional Settlement Charges 1301. Required services that You can shop for (from GFE #6) 1302. 1303. 1304. Lien Report to Black Hawk County Abstract 190.00 1305. Document Preparation to Redfern Law Firm P.O.C. 1306. Closing Fee to Redfern Law Firm P.O.C. 1307. 1308. 1400. Total Settlement ChargissiagronAnes 103, Section J and 502, Section K) 417.40 nt Stat - nt and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on that 1 have received a copy of the HUD -1 Sert. S en t City of Waterloo Buyer/Borrower LL' L & H Farms, Ltd. Seller Buyer/Borrower Seller Tttiy tame t" o/ (, tch+" red is a true and accurate account of this transaction. I've caused or will cause the funds to be disbursed In accordance with this statement. 9/30/2014 Mark S. Rolingerkna ' Settlement Agent Date WARNING: It is a crime to ke false statements to the United States an this or env other similar form Penalties upon conviction can include a fine or imprisonment © 2009-2011 Easy Soft. Previous editions are obsolete. Page 2 of 3 HUD -1 Please return this copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, lA 50703 3 MEMORANDUM OF AGREEMENT REGARDING PRORATING OF REAL ESTATE TAXES This Agreement is entered into as of September gg , 2014, by and between L & H Farms, Ltd. ("L&H") and the City of Waterloo, Iowa ("City"). RECITALS A. L&H and City are parties to a certain Exchange Agreement by which L&H will convey to City, as part of an exchange of like -kind real estate, certain real property described as: The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Quarter (N 1/2 SW 1/4) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder (the "Real Estate"). B. The purpose of this Agreement is to confirm the parties' agreement regarding the manner in which real estate taxes will be prorated. The parties acknowledge that the Exchange Agreement requires that taxes for the Real Estate are to be prorated to the closing date for the sale and purchase of the Real Estate, i.e., September 30, 2014. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree that L&H will pay the full tax bills for the Real Estate that are due on or before September 30, 2014 and March 31, 2015. Concurrently with said payment, L&H will also deliver a check in the amount of $21.48, payable to the Black Hawk County Treasurer, to the office of City's legal counsel, namely, Clark Butler Walsh & Hamann, 315 E. 5" Street, Waterloo, Iowa, 50703, Attn: Chris Wendland. City's legal counsel will be responsible for remittance of said check to the treasurer's office as a prepayment of L&H's prorated share of the September 2015 tax installment. The parties acknowledge that the sum of $21.48 is a good -faith estimate based on currently available information. The parties also acknowledge that, when tax bills are issued in August 2015, the Real Estate will not be taxed as a separate parcel from the larger parcels of which it is a portion, but that the treasurer's office has indicated that taxes otherwise attributable to the Real Estate will not be included in said tax bills for the larger parcels. The August 2015 tax bills for the larger parcels will be the full and sole responsibility of L&H. The parties agree to cooperate reasonably and in good faith, and to take such further steps as may be reasonably necessary or advisable, to carry out the purpose and intent of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first set forth above. L & H FARMS, LTD. By: CITY OF RLOO, IOWA Ernest G. Clark, Mayor Atte SICA/C} uzy Schar7s, City Clerk IIIOhl1lttILIILIIl1ItIIl1IIIlIlIIl1lII1OI IWhY11m1 Doc ID 005586430001 Type GEN Recorded: 09/30/2014 at 02:41 11 PM Fee Amt: $222.40 Page 1 of 1 Revenue Tax: $210.40 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2015-00005695 P -ed- C. Kevin McCrindle 1 Return Document To: C. Kevin McCrindle, 607 Sycamore Street, Suite 500, Waterloo, IA 50703, (319) 234-0535 Preparer Information: C. Kevin McCrindle, 607 Sycamore Street, Suite 500, Waterloo, IA 50703, (319) 234-0535 Address Tax Statement: L & H Farms, Ltd., 7502 Hammond Avenue, Waterloo, IA 50701 WARRANTY DEED For the consideration of One Dollar and other valuable consideration, Betty A. Sieglaff, married, does hereby Convey to L & H Farms, Ltd., a partnership, the following described real estate in Black Hawk County, Iowa: The North 1/4 of the Southwest Quarter of the Southeast Quarter (N 1/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way 6 (9.325 tillable acres, more or less). Grantor does Hereby Covenant with grantees, and successors in interest, that grantor holds 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 grantor Covenants 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 hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: September ��', 2014 STA l'E OF IOWA, COUNTY OF BLACK HAWK This record was acknowledged before me this''day of September, 2014, by Betty A. Sieglaff and Cecil H. Sieglaff, wife and husband. PP, u` ap 1 C. KEVIN McCRINDLE 7. s COMMISSION NO. 100079 0 -� 4 MY COMMISSION EXPIRES ' i.g_ S—.2-0 /(n _. Signatur/of Notary Public ,a,00 \3`,a4c ,3 1111111111111111111111111g111 Doc ID: 005586440002 Type. Kind: GROUND WATER HAZARD STATEMENT Recorded: 09/30/2014 at 02:41:25 PM Fee Amt: $0.00 Page 1 of 2 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Fi1e2014-00000794 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Betty A. Sieglaff Address 1326 Maxhelen Boulevard, Unit 5A, Waterloo, IA 50701 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name L & H Farms, Ltd. Address 7502 Hammond Avenue, Waterloo, IA 50701 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: Farmland in Black Hawk County, Iowa Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) The North 1/4 of the Southwest Quarter of the Southeast Quarter (N 1/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (9.325 tillable acres, more or less). 1. Wells (check one) x There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) x There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) x There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 4. Underground Storage Tanks (check one) x There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. 5. Private Burial Site (check one) x There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi-public sewage disposal system. x This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: g %' a. feror or Agent) FILE TH RECO Z. -30-4110S Telephone No.: (319) 25 DNR form 542-0960 (July 18, 2012) MEMORNANDUM OF AGREEMENT REGARDING PRORATING OF REAL ESTATE TAXES This agreement is made and entered into this 3d# day of September, 2014, by and between L & H Farms, Ltd. ("L&H") and Betty A. Sieglaff ("Sieglaff"). RECITALS A. L&H and Sieglaff were parties to a real estate transaction for the sale and purchase of the S3/4 SW'/4 of the SE'/4 of Section 10-87-14 that closed on March 1, 2014. B. L&H and Sieglaff are closing a second transaction for the sale and purchase of the N1/4 SW'/4 of the SE1/4 of Section 10-87-14 which is scheduled to close on September 30, 2014. C. The parties previously entered into a Memorandum of Agreement Regarding Prorating of Real Estate Taxes dated February 28, 2014. It was intended to address the proration of real estate taxes for the first transaction that closed on March 1, 2014. D. The parties believe that it makes sense to prepare a new Memorandum of Agreement Regarding Prorating of Real Estate Taxes which addresses the proration of real estate transactions for both of the above described transactions in a single agreement. This agreement will supersede the Memorandum of Agreement Regarding Prorating of Real Estate Taxes entered into by the parties on February 28, 2014 and will govern the proration of real estate taxes for the transaction that closed on March 1, 2014 and the transaction that will close on September 30, 2014. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree that Sieglaff will pay the full tax bill for the SW'/4 of the SE'/4 of Section 10-87-14 that is due or September 30, 2014. Sieglaff will pay twenty-five percent (25%) of the installment of tax due March 31, 2015, plus 59/181 of seventy-five percent (75%) of the installment due March 31, 2015. L&H will pay the remainder of the tax bill due March 31, 2015[Sieglaff will pay 92/184 of twenty-five percent (25%) of the tax bill due September 30, 2015 L&H will pay the remainder of the tax bill due September 30, 2015 and all subsequent taxes. The parties agree to cooperate reasonably and in good faith, and to take such further steps as may be reasonably necessary or advisable, to carryout the purpose and intent of this agreement. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized representatives as of the date first set forth above. L & H Farms, Ltd. IIII11hII 0 IIl III I11I I11I 1110 IH 1110 IIIIHhIIHII Doc ID- 005586460003 Type GWH Kind GROUND WATER HAZARD STATEMENT Recorded: 09/30/2014 at 02:42:25 PM Fee Amt: $0.00 Page 1 of 3 -Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2014-00000795 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name L & H Farms, Ltd. Address 7502 Hammond Avenue, Waterloo, Iowa 50701 Number and Street or RR Clty, Town or P.O. State Zp TRANSFEREE: Name City of Waterloo Address 715 Mulberry Street, Waterloo, IA 50703 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: No Street Address Number and Street or RR City, Town or P.O. State Trp Legal Description of Property: (Attach if necessary) See 1 in Addendum 1. Wells (check one) L....` -here are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) L" --There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) .""There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) .here are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 3 5. Private Burial Site (check one) ✓fihere are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: 6ce"- �'pi � --) (Transferor or Agent) Telephone No.: (319) 296-2255 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) Addendum 1. The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Quarter (N 1/2 SW 1/4) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, _Iowa, EXCEPT_ that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. REDFERN, MASON, LARSEN & MOORE, P.L.C. DAVID R. MASON JOHN C. LARSEN STEVEN D. MOORE DONALD B. REDFERN MARK W. FRANSDAL MARK S. ROLINGER BRUCE L. GETTMAN, JR. DAVID H. MASON BRADLEY M. STROUSE BRANDON J. GRAY KIRSTEN N. ARNOLD City of Waterloo Attn: Noel Anderson 715 Mulberry Street Waterloo, Iowa 50703 ATTORNEYS AT LAW 415 CLAY STREET P.O. BOX 627 CEDAR FALLS, IOWA 50613 Established 1898 TELEPHONE (319) 277-6830 FACSIMILE (319) 277-3531 mrolinger(a cflaw.com Website: www.cflaw.com October 9, 2014 Re: Betty Sieglaff to L & H Farms, Ltd. L & H Farms, Ltd. to City of Waterloo Transaction #3 of the 1031 Exchange LEROY 11. REDFERN 1919-2007 WM W. McKINLEY 1926-1981 GEORGE F. NEWMAN 1908-1988 JAMES B. NEWMAN 1870-1958 Dear Mr. Anderson: Enclosed for your records are the following documents from our closing on September 30, 2014: 1. HUD -1 for Betty A. Sieglaff to City of Waterloo 2. HUD -1 for L & H Farms, Ltd to City of Waterloo 3. Warranty Deed from L & H Farms, Ltd. to City of Waterloo and Groundwater Hazard Statement, which have now been recorded in the Black Hawk County Recorder's Office. 4. Exchange Agreement between the City of Waterloo and L & H Farms, Ltd. 5. Assignment of Real Estate Contract. 6. Memorandum of Agreement Regarding Prorating of Real Estate Taxes. 7. Copy of the Warranty Deed from Betty A. Sieglaff to L & H Farms, Ltd., and the Groundwater Hazard Statement, which have also been recorded. 8. Copy of the Memorandum of Agreement Regarding prorating of Real Estate Taxes between L & H Farms, Ltd. and Betty A. Sieglaff. Please call me if you need anything further. Very truly yours, REDFERN, MASON, LARSEN & MOORE, P.L.C. rte By: Sue H. Daniels, legal assistant to Mark S. Rolinger Enclosures cc: Chris Wendland, with enclosures, by email: chris.wendland@cbwhlaw.com A. Settlement Statement (HUD -1) OMB Approval No. 2502-0265 B. Type of Loan 1.0 FHA 2.1=I RHS 3.D Conv. Unins 4.0 VA 5.0 Conv. Ins 6. File Number. 7. Loan Number. 8. Mortgage Insurance Case Number. C. Note: This form is fumished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.e.)" were paid outside the closing; they are shown here for informational purposes and are not induded in the totals. D. Name & Address of Borrower. City of Waterloo 715 Mulberry Street Waterloo, IA 50703 E. Name & Address of Seller. Betty A.._Sieglaff- 1326 Maxhelen Blvd. Unit 5A Waterloo, IA 50701 F. Name & Address of Lender. G. Property Location: N 1/4 SW 1/4 SE 1/4 10-87-14 9.325 acres Lot: Block: H. Settlement Agent: Mark 5._Rolinger - 415 Clay Street Cedar Falls, IA 50613 TIN: Phone: (319) 277-6830 Place of Settlement: 415 Clay Street Cedar Falls, IA 50613 1. Settlement Date: 9/30/2014 Funding Date: 9/30/2014 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101. Contract sales price 131, 949.00 401. Contract sales price 131, 949.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 17.00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for Items paid by seller in advance 106. City/town taxes: 406. City/town taxes: to to 107. County taxes: 407. County taxes: to to 108. Assessments: 408. Assessments: to to 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due From Borrower 131, 966.00 420. Gross Amount Due To Seller 131, 949.00 200. Amounts Paid By Or In Behalf Of Borrower 600. Reductions In Amount Due To Seller 201. Deposit or eamest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 400.40 203. Existing loan(s) taken subject to 503. Exdstinq loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes: 510. City/town taxes: to to 211. County taxes: 7/1/2014-3/1/2014 511. County taxes: 7/1/2014-3/1/2014 to P. O. C. to P. O. C. 212. Assessments: 512. Assessments: to to 213. 513. 214. 514. 215. 515. 216. 516.1 217. 517. ' 218. 518. 219. 519. 220. Total Paid By/For Borrower 620. Total Reduction Amount Due Seller 400.40 300. Cash At Settlement From/To Borrower 600. Cash At Settlement To/Frorh Seller 301. Gross Amount due from borrower (line 120) 131, 966.00 601. Gross amount due to seller (line 420) 131, 949.00 302. Less amounts paid by/for borrower (line 220) 602. Less reduction4,in amount due seller (line 520) 400.40 303. Cash lEI From D To Borrower 131, 966.00 603. Cash i I To II From Seller 131, 548.60 The Public Reporting Burden for this collection of information is estimated at 35 minutes pe response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. © 2009-2011 Easy Soft. Previous editions are obsolete. Page 1 of 3 HUD -1 L. Settlement Charges File Number. Loan Number 700. Total Real Estate Broker Fees Paid From Borrower's Funds at Settlement Paid From Seller's Funds at Settlement Division of Commission (line 700) as follows: 701. $ to 702. $ to 703. Commission paid at settlement 704. 800. Items Payable In Connection With Loan 801. Our origination charge $ (from GFE #1) 802. Your credit or charge (points) for the specific interest rate chosen $ (from GFE #2) 803. Your adjusted origination charges (from GFE A) 804. Appraisal fee to (from GFE #3) 805. Credit report to (from GFE #3) 806. Tax service to (from GFE #3) 807. Flood certification (from GFE #3) 808. 809. 810. 811. 900. Items Required By Lender To Be Paid In Advance 901. Daily interest charges from 9/30/2019 to 10/1/2014 @ $ /day (from GFE #10) 902. Mortgage insurance premium for 0 months to (from GFE #3) 903. Homeowner's insurance for 0 years to (from GFE #11) 904. 905. 1000. Reserves Deposited With Lender 1001. Initial deposit for your escrow account (from GFE #9) 1002. Homeowner's insurance months @ per mo $ 1003. Mortgage insurance months @ per mo $ 1004. Property taxes months @ per mo $ 1005. months @ per mo $ 1006. months @ per mo $ 1007. Aggregate Adjustment $0 .00 1100. Title Charges 1101. Title services and lender's title insurance (from GFE #4) 1102. Settlement or closing fee 1103. Owner's title insurance (from GFE #5) 1104. Lender's title insurance 1105. Lender's title policy fimit $ 1106. Owner's title policy limit $ 1107. Agent's portion of the total insurance premium $ 1108. Underwriter's portion of the total insurance premium S 1109. 1110. 1111. 1200. Government Recording and Transfer Charges 1201. Govemment recording charges (from GFE #7) 17.00 1202. Deed $17.00 Mortgage $ Release $ 1203. Transfer taxes (from GFE #8) 1204. City/Countytax/stamps: Deed $210.40 Mortgage $ 210.40 1205. State tax/stamps: Deed $ Mortgage $ 1206. $ 1207. $ 1300. Additional Settlement Charges 1301. Required services that you can shop for (from GFE #6) 1302. 1303. 1304. Lien Report to Black Hawk County Abstract 190.00 1305. Document Preparation to to Redfern Law Firm P.O.C. 1306. Closing Fee to Redfern Law Firm P.O.C. 1307. 1308. _ 1400. Total Settlement Char (ente lines 103, Section .1 and 502, Section K) 17.00 400.40 my acg6unt or by m this - ction. I fu City of Waterloo meat and to the best of my knowledge and belief, it is a true and accurate stat that I have received a copy of the HUD -1 Settjemer t, tatement - a Buyer/Borrower BettySieglaff ettlement l receipts and disbursements made on Seller Buyer/Borrower Seller pared is a true and accurate account of this transaction. rve caused or will cause the funds to be disbursed in accordance with this statement Mark S. Rolinger 9/30/2014 Settlement Agent Date WARNING: It is a crime to !Glowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment O 2009-2011 Easy Soft. Previous editions are obsolete. Page 2 of 3 HUD -1 A. Settlement Statement (HUD -1) OMB Approval No. 2502-0265 2 B. Type of Loan 1.0 FHA 2.0 RHS 3.0 Conv. Unins 4.0 VA 5.0 Conv. Ins 6. File Number. 7. Loan Number: 8. Mortgage Insurance Case Number: C. Note: This form is fumished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 E. Name & Address of Seller: L & H Farms, Ltd. 7502 Hammond Avenue Waterloo, IA 50701 F. Name & Address of Lender: G. Property Location: S 46.8 feet of N 545.55 feet N 1/2 SW 1/4 Sec 9-88-13 Waterloo, IA Lot: Block: H. Settlement Agent: Mark S. Bolinger 415 Clay Street Cedar Falls, IA 50613 TIN: Phone: -(319)-277-6830 Place of Settlement: 415 Clay Street Cedar Falls, IA 50613 I. Settlement Date: 9/30/2014 Funding Date: 9/30/2014 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101. Contract sales price 131, 949.00 401. Contract sales price 131, 949.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes: 406. City/town taxes: to to 107. County taxes: 407. County taxes: to to 108. Assessments: 408. Assessments: to to 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due From Borrower 131, 949.00 420. Gross Amount Due To Seller 131, 949.00 200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 201. Deposit or eamest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 417.40 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206.Buyer's conveyance of 506.Buyer's conveyance of 207. replacement property 131,949.00507. replacement property 131,949.00 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes: 510. City/town taxes: to to 211. County taxes: 511. County taxes: to POC to POC 212. Assessments: 512. Assessments: to to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For Borrower 131, 949.00 520. Total Reduction Amount Due Seller 132, 366.40 300. Cash At Settlement From/To Borrower 600. Cash At Settlement To/From Seller 301. Gross Amount due from borrower (line 120) 131, 949.00 601. Gross amount due to seller (line 420) 131, 949.00 302. Less amounts paid by/for borrower (line 220) 131, 949.00 602. Less reductions in amount due seller (line 520) 132, 366.40 303. Cash © From ❑ To Borrower 0.00 603. Cash 0 To © From Seller 417.40 The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless It displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. © 2009-2011 Easy Soft. Previous editions are obsolete. Page 1 of 3 HUD -1 J- L. Settlement Charges File Number: Loan Number: 700. Total Real Estate Broker Fees Paid From Borrower's Funds at Settlement Paid From Seller's Funds at Settlement Division of Commission (line 700) as follows: 701. $ to 702. $ to 703. Commission paid at settlement 704. 800. Items Payable In Connection With Loan 801. Our origination charge $ (from GFE #1) 802. Your credit or charge (points) for the specific interest rate chosen $ (from GFE #2) 803. Your adjusted origination charges (from GFE A) 804. Appraisal fee to (from GFE #3) 805. Credit report to (from GFE #3) 806. Tax service to (from GFE #3) 807. Flood certification (from GFE #3) 808. -809.- 809: 810. 810. 811. 900. Items Required By Lender To Be Paid In Advance 901. Daily interest charges from 9/30/2014 to 10/1/2014 @ $ /day (from GFE #10) 902. Mortgage insurance premium for o months to (from GFE #3) 903. Homeowner's insurance for 0 years to (from GFE #11) 904. 905. 1000. Reserves Deposited With Lender 1001. Initial deposit for your escrow account (from GFE #9) 1002. Homeowner's insurance months @ per mo $ 1003. Mortgage insurance months @ per mo $ 1004. Property taxes months @ per mo $ 1005. months @ per mo $ 1006. months @ per mo $ 1007. Aggregate Adjustment $0.00 1100. Title Charges 1101. Title services and lender's title insurance (from GFE #4) 1102. Settlement or closing fee 1103. Owner's title insurance (from GFE #5) 1104. Lender's title insurance 1105. Lender's title policy limit $ 1106. Owner's title policy limit $ 1107. Agent's portion of the total insurance premium $ 1108. Underwriter's portion of the total insurance premium $ 1109. 1110. 1111. 1200. Government Recording and Transfer Charges 1201. Government recording charges (from GFE #7) 1202. Deed $17.0o Mortgage $ Release $ 17.00 1203. Transfer taxes (from GFE #8) 1204. City/County tax/stamps: Deed $210.4 0 Mortgage $ 210.40 1205. State tax/stamps: Deed $ Mortgage $ 1206. $ 1207. $ 1300. Additional Settlement Charges 1301. Required services that you can shop for (from GFE #6) 1302. 1303. 1304. Lien Report to Black Hawk County Abstract 190.00 1305. Document Preparation to Redfern Law Firm P.O.C. 1306. Closing Fee to Redfern Law Firm P.O.C. 1307. 1308. 7.----- 1400. Total Settlement Char (enter lines 1 3, Section J and 502, Section K) _ 417.40 City of Waterloo nd to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on have received a copy of the HUD -1 Settle tatnt. ������ Buyer/Borrower L & H Farms, Ltd. Seller Buyer/Borrower Seller Th theme r tt Stat a ich prepared is a true and accurate account of this transaction. I've caused or will cause the funds to be disbursed in accordance with this statement. 9/30/2014 Mark S. Rolinger Settlement Agent Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment © 2009-2011 Easy Soft. Previous editions are obsolete. Page 2 of 3 HUD -1 11111111111111111111111111111111111111111111111111111111111 Doc ID 005586450002 Type GEN Recorded: 09/30/2014 at 02:42:00 PM Fee Amt: $232.40 Pape 1 of 2 Revenue Tax: $210.40 Black Hawk—County-Iowa JUDITH A MCCARTHY RECORDER F11e2015-00005696 STA WARRANTY DEED 9� THE IOWA STATE BAR ASSOCIATION Official Form #101 Recorder's Cover Sheet s i 4C1A"�,o Preparer Information: (Name, address and phone number) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 Taxpayer Information: (Name and complete address) City of Waterloo, Community Planning & Development, 715 Mulberry Street, Waterloo, Iowa 50703 Return Document To: (Name and complete address) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 Grantors: Grantees: L & H Farms, Ltd. City of Waterloo Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 10WADOCS® 19.30 (5.&) 13) oi L4q 60 THE IOWA BAR Official Form No. 1011 ASSOCIATION Mark S. Rolinger OR THE CT OF ThIE SE FTHIS FORM, LEGAL EFFETYOUR LAWYER STASTA'pie P`e - WARRANTY DEED q 1 -`°' *()CIA ----For1he consideration of One - Dollar(s) andother valuable consideration, 1, & H Farms, Ltd. do hereby Convey to City of Waterloo the following described real estate in Black Hawk County, Iowa: The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Quarter (N 1/4 SW 1/4) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors 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 hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated:3 a i a-9 L & H arms, Ltd., a Partnership By: Lanehaven Farms, Inc., Partner //�j (Grantor) (Grantor) By: Curtis G. Hollis, President (Grantor) (Grantor) STATE OF IOWA , COUNTY OF BLACK HAWK This record was acknowledged before me this 10 day of 5c0 &,.....4.- -.- , Z49/1-/, by Curtis G. Hollis, President of Lanehaven Farms, Inc., Partner in L & H Farms, Ltd. . 11/1"-C1-& dg. (. i ,w: MARS ROUNGER ao Commission Number 162107 My Commission Expires SOW is Signature of Notary •• © The Iowa State Bar Association 2013 Warranty Deed IOWADOCS© Revised August 2013 3 ASSIGNMENT OF REAL ESTATE CONTRACT THIS ASSIGNMENT is made and entered into this day off/ 4 { , 2014, by and between Hollis Farms, Inc., an Iowa corporation, and the City of Waterloo, a municipal corporation ("City"). 1. Assignment. Hollis Farms, Inc. hereby assigns all of its right, title and interest in the Real Estate Contract (Short Form) between Cecil Sieglaff and Betty Sieglaff, married persons, as Sellers, and Hollis Farms, Inc., an Iowa corporation, as Buyer, dated October 18, 2013 (hereinafter "Contract") for the sale of the following described real estate: The North 'A of the Southwest Quarter of the Southeast Quarter (N 1/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (9.325 tillable acres, more or less). 2. Acceptance of Assignment. City hereby accepts assignment of the Contract. HOLLIS FARMS, INC. By: lake G. Hollis, President THE CITY OF WATERLOO, A MUNICIPAL CORPORATION By: By: Ernest G. Clark, Mayor Suzy Sch : , City Clerk The undersigned, Cecil Sieglaff and Betty Sieglaff, married persons, hereby consent to the Assignment set forth above. Cecil Sieglaff MEMORNANDUM OF AGREEMENT REGARDING PRORATING OF REAL ESTATE TAXES This agreement is made and entered into this 30 day of September, 2014, by and between L & H Farms, Ltd. ("L&H") and Betty A. Sieglaff ("Sieglaff'). RECITALS A. L&H and Sieglaff were parties to a real estate transaction for the sale and purchase of the S% SW'% of the SE% of Section 10-87-14 that closed on March 1, 2014. B. L&H and Sieglaff are closing a second transaction for the sale and purchase of the N'/ SW% of the SEY4 of Section 10-87-14 which is scheduled to close on September 30, 2014. C. The parties previously entered into a Memorandum of Agreement Regarding Prorating of Real Estate Taxes dated February 28, 2014. It was intended to address the proration of real estate taxes for the first transaction that closed on March 1, 2014. D. The parties believe that it makes sense to prepare a new Memorandum of Agreement Regarding Prorating of Real Estate Taxes which addresses the proration of real estate transactions for both of the above described transactions in a single agreement. This agreement will supersede the Memorandum of Agreement Regarding Prorating of Real Estate Taxes entered into by the parties on February 28, 2014 and will govern the proration of real estate taxes for the transaction that closed on March 1, 2014 and the transaction that will close on September 30, 2014. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree thaat Sieglaff will pay the full tax bill for the SW% of the SEV4 of Section 10-87-14 that is due oifSeptember 30, 2014. Sieglaff will pay twenty-five percent (25%) of the installment of tax due March 31, 2015, plus 59/181 of seventy-five percent (75%) of the installment due March 31, 2015. L&H will pay the remainder of the tax bill due March 31, 2015[Sieglaff will pay 92/184 of twenty-five percent (25%) of the tax bill due September 30, 2015' L&H will pay the remainder of the tax bill due September 30, 2015 and all subsequent taxes. The parties agree to cooperate reasonably and in good faith, and to take such further steps as may be reasonably necessary or advisable, to carryout the purpose and intent of this agreement. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized representatives as of the date first set forth above. L & H Farms, Ltd. WARRANTY DEED THE IOWA STATE BAR ASSOCIATION Official Form #101 Recorder's Cover Sheet 1111111111 lllli111BilitailIIllhI1!11i'Illi 1111111111 Doc ID 005586450002 Type GEN Recorded: 09/30/2014 at 02:42:00 PM Fee Amt: $232.40 Pape 1 of 2 Revenue Tax: $210.40 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2015-00005696 Preparer Information: (Name, address and phone number) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 Taxpayer Information: (Name and complete address) City of Waterloo, Community Planning & Development, 715 Mulberry Street, Waterloo, Iowa 50703 rj Return Document To: (Name and complete address) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 Grantors: Grantees: L & H Farms, Ltd. City of Waterloo Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa Slate Bar Association 2005 IOWADOCS® fl'oO (5. ) I3),9LIa.oO THE O Fern No. 10BAR 7 ASSOCIATION Mark S. Roiin er g FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER .0Ar�, r .;° WARRANTY DEED � OC.1 n3 For the consideration of One Dollar(s) and other valuable consideration, L & H Farms.l.td. do hereby Convey to City of Waterloo the following described real estate in Black Hawk County, Iowa: The South 46.8 feet of the North 545.55 feet of the North Half Section No. 9, Township No. 88 North, Range No. 13 West County, Iowa, EXCEPT that part thereof conveyed to the City as Doc. No. 2012-16922 in the Office of the Black Hawk County Subject to easements, restrictions, covenants, ordinances and record. Grantors do Hereby Covenant with grantees, and successors title in fee simple; that they have good and lawful authority to sell is free and clear of all liens and encumbrances except as may be Warrant and Defend the real estate against the lawful claims of all Each of the undersigned hereby relinquishes all rights of dower, real estate. Words and phrases herein, including acknowledgment or plural number, and as masculine or feminine gender, according Dated: „.v%a ish of the Southwest Quarter (N 1/2 SW 1/4) in of the Fifth Principal Meridian, Black Hawk of Waterloo in a deed filed March 14, 2012 Recorder. limited access provisions of record and not of in interest, that grantors hold the real estate by and Convey the real estate; that the real estate above stated; and grantors Covenant to persons except as may be above stated. homestead and distributive share in and to the hereof, shall be construed as in the singular to the context. pL & 1-1aLtd., a Partnership By: Lanehaven Farms. Inc.. Partner (Grantor) (Grantor) ..- 4..44 •••(.../ )1/ (.. i By: Curtis G. Hollis, President (Grantor) STATE OF IOWA , COUNTY OF BLACK HAWK (Grantor) , ?A!1 by Curtis G. This record was acknowledged Hollis, President of Lanehaven before me this_Si_ day of $e &u.doe-, Farms, Inc.. Partner in L & H Farms. Ltd. . 1 g-( ' r... 11AARi: ROLINGER � Ccmmisslc5 Number 162107 y. My Commission PExplreess ItIC ' Signature of Notary f m The Iowa Stale Bar Association 2013 Warranty Deed IOWADOCSO Revised August 2013 111111IIOIIIIIII11111111Il1111111I11IIIIIIII111111 II Doc ID 005586460003 Type GWH Kind GROUND WATER HAZARD STATEMENT Recorded: 09/30/2014 at 02:42:25 PM Fee Amt: $0.00 Page 1 of 3 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2014-00000795 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name L & H Farms, Ltd. Address 7502 Hammond Avenue, Waterloo, Iowa 50701 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Waterloo Address 715 Mulberry Street, Waterloo, IA 50703 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: No Street Address Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) See 1 in Addendum 1. Wells (check one) There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) V There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) 'There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 3 3 MEMORANDUM OF AGREEMENT REGARDING PRORATING OF REAL ESTATE TAXES This Agreement is entered into as of September , 2014, by and between L & H Farms, Ltd. ("L&H") and the City of Waterloo, Iowa ("City"). RECITALS A. L&H and City are parties to a certain Exchange Agreement by which L&H will convey to City, as part of an exchange of like -kind real estate, certain real property described as: The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Quarter (N '/2 SW 'A) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder (the "Real Estate"). B. The purpose of this Agreement is to confirm the parties' agreement regarding the manner in which real estate taxes will be prorated. The parties acknowledge that the Exchange Agreement requires that taxes for the Real Estate are to be prorated to the closing date for the sale and purchase of the Real Estate, i.e., September 30, 2014. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree that L&H will pay the full tax bills for the Real Estate that are due on or before September 30, 2014 and March 31, 2015. Concurrently with said payment, L&H will also deliver a check in the amount of $21.48, payable to the Black Hawk County Treasurer, to the office of City's legal counsel, namely, Clark Butler Walsh & Hamann, 315 E. 5th Street, Waterloo, Iowa, 50703, Attn: Chris Wendland. City's legal counsel will be responsible for remittance of said check to the treasurer's office as a prepayment of L&H's prorated share of the September 2015 tax installment. The parties acknowledge that the sum of $21.48 is a good -faith estimate based on currently available information. The parties also acknowledge that, when tax bills are issued in August 2015, the Real Estate will not be taxed as a separate parcel from the larger parcels of which it is a portion, but that the treasurer's office has indicated that taxes otherwise attributable to the Real Estate will not be included in said tax bills for the larger parcels. The August 2015 tax bills for the larger parcels will be the full and sole responsibility of L&H. The parties agree to cooperate reasonably and in good faith, and to take such further steps as may be reasonably necessary or advisable, to carry out the purpose and intent of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first set forth above. L & H FARMS, LTD. Curtis G. Hollis, President CITY OF W ' - OO, IOWA By: mest G. Clark Mayor Att L zy Schajres, City Clerk 11111111111111111111111111111 11111111 I111111lll11111111 Doc ID 005586430001 Type GEN Recorded: 09/30/2014 at 02:41:11 PM Fee Amt: $222.40 Page 1 of 1 Revenue Tax: $210.40 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2015-00005695 �ed C. Kevin McCrindle �J Return Document To: C. Kevin McCrindle, 607 Sycamore Street, Suite 500, Waterloo, IA 50703, (319) 234-0535 Preparer Information: C. Kevin McCrindle, 607 Sycamore Street, Suite 500, Waterloo, IA 50703, (319) 234-0535 Address Tax Statement: L & H Farms, Ltd., 7502 Hammond Avenue, Waterloo, IA 50701 WARRANTY DEED For the consideration of One Dollar and other valuable consideration, Betty A. Sieglaff, married, does hereby Convey to L & H Farms, Ltd., a partnership, the following described real estate in Black Hawk County, Iowa: The North 1/4 of the Southwest Quarter of the Southeast Quarter (N 1/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in o Black Hawk County, Iowa, except the highway and adjoining public right of way �?f (9.325 tillable acres, more or less). Grantor does Hereby Covenant with grantees, and successors in interest, that grantor holds 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 grantor Covenants 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 hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: September 62.51', 2014 STATE OF IOWA, COUNTY OF BLACK HAWK This record was acknowledged before me this''day of September, 2014, by Betty A. Sieglaff and Cecil H. Sieglaff, wife and husband. or Cecil H. Sieglaff, G Spouse 1..,"`",` ,,. 6C. KEVIN McCRINDLE r + ", : COMMISSION NO.100079 ^ 6 MY COMMISSION EXPIRES `�0.51S-2_0/(o fit vw- Signatur of Notary Public 131,g4c .o0 {WIW®Ill11lllll1111111111111111111111 Doc ID. 005556440002 Type: GWH Kind: GROUND WATER HAZARD STATEMENT Recorded: 09/30/2014 at 02:41:25 PM Fee Amt: $0.00 Pape 1 of 2 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2014-00000794 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Betty A. Sieglaff Address 1326 Maxhelen Boulevard, Unit 5A, Waterloo, IA 50701 Number and Street or RR City, Town or P.O. State Zlp TRANSFEREE: Name L & H Farms, Ltd. Address 7502 Hammond Avenue, Waterloo, IA 50701 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: Farmland in Black Hawk County, Iowa Number and Street or RR City, Town or P.0 State Zip Legal Description of Property: (Attach if necessary) The North 1/4 of the Southwest Quarter of the Southeast Quarter (N 1/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (9.325 tillable acres, more or less). 1. Wells (check one) x There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) x There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) x There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 4. Underground Storage Tanks (check one) x There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. 5. Private Burial Site (check one) x There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi-public sewage disposal system. x This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. __There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _The private sewage disposal system has been installed within the past two years pursuant to permit number I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: ror or Agenij FIL Y r TH RECO z_30. -MOS Telephone No.: (319) 26 DNR form 542-0960 (July 18, 2012) • A. Settlement Statement (HUD -1) OMB Approval No. 2502-0285 B. Type of Loan 1.0 FHA 2.0 RHS 3.0 Conv. Unins 4.0 VA 5.0 Conv. Ins 6. File Number. 7. Loan Number. 8. Mortgage Insurance Case Number. C. Note: This form is furnished to give you a statement "(p.o.c.)" were paid outside the closing; they of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower. City of Waterloo 715 Mulberry Street Waterloo, IA 50703 E. Name & Address of Seger. Betty A. Sieglaff 1326 Maxhelen Blvd. Unit 5A Waterloo, IA 50701 F. Name & Address of Lender. G. Property Location: N 1/4 SW 1/4 SE 1/4 10-87-14 9.325 acres H. Settlement Agent: Mark S. Rolinger 415 Clay Street Cedar Falls, IA 50613 TIN: Phone: (319) 277-6830 Lot: Block: Place of Settlement: 415 Clay Street Cedar Falls, IA 50613 I. Settlement Date: 9/30/2014 Funding Date: 9/30/2014 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Bo r 400. Gress Amount Due To Seller 101. Contract sales price 131, 949.00 40 , Contract sales price 131, 949.00 102. Personal grope V 402. Personal property 103. Settlement charges to borrower (line 1400) 17.00 403. 104. 404. 105. 405. Adjustments for Items paid by seller in advance Adjustments for items_►aid by seller in advance 106. City/tovm taxes: 406. City/town taxes: to to 107. County taxes: 407. County taxes: to to 108. Assessments: 408. Assessments: to to 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due From Borrower 131, 966.00 420. Gross Amount Due To Seller 131, 949.00 200. Amounts Paid By Or In Behalf Of Borrower 600. Reductions In Amount Due To Seller 201. Deposit or earnest money ,1 501. Excess deposit (see instructions) 202. Primp amount of new loans) 502. Settlement charges to seller (Fine 1400) 4 00.4 0 203. Existing bents) taken subiect to 503. E dstinp loans) taken subiect to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 209. 509. Adlustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes: 510. City/town taxes: to to 211. County taxes: 7/1/2014-3/1/2014 511. County taxes: 7/1/2014-3/1/2014 to P. 0. C. to P. 0. C. 212. Assessments: 512. Assessments: to to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. . 218. 518. 219. 519. 220. Total Paid By/For Borrower 620. Total Reduction Amount Due Seller 400.40 300. Cash At Settlement From/To Borrower 600. Cash At Settlement To/From Seller 301, Gross Amount due from borrower (line 120) 131, 966.00 601. Gross amount due to seller (line 420) 131, 94 9.00 302. Less amounts Haid bv/for borrower (fine 220) 602. Less reduction4 In amount due seller (line 520) 4 00.4 0 303. Cash © From 0 To Borrower 131, 966.00 603. Cash ® To li From Seller 131, 548.60 The Public Reporting Burden for fids collection of information is estimated at 35 minutes pe response for collecting, reviewing, end reporting the data This agency may not collect this Intonation. and you are not required to complete this form, wdess it displays a currently valid OMB control number. No epnfatertttardy Is assured; this disclosure is mandatory. This is designad to provide the parties to a RESPA covered transaction with information during the settlement process. O 2009-2011 Easy Soft Previous editions are obsolete. Page 1 of 3 HUD -1 L. Settlement Charges File Number. Loan Number: 700. Total Real Estate Broker Fees Paid From Borrower's Funds at Settlement Paid From Seller's Funds at Settlement Division of Commission (in 700Las follows: 701. $ to 702. $ to 703. Commission paid at settlement 704. 800. Items Payable In Connection With Loan 801. Our origination charge $ (from GFE #1) 802. Your credit or charge (points) for the specific interest rate chosen S (from GFE #2) 803. Your adjusted origination charges (from GFE Al 804. Appraisal fee to (from GFE #3) 805. Credit report to (from GFE #3) 806. Tax service to (from GFE #3) 807. Flood certification (from GFE #3) 808. 809. 810. 811. Items Required By Lender To Be Paid In Advance _900. 901. Daily interest charges from 9/30/2014 to 10/1/2014 @ $ /day (from GFE #10) 902. Mortgage insurance premium for 0 months to (from GFE #3) 903. Homeowner's Insurance for 0 years to (from GFE #11) 904. 905. 1000. Reserves Deposited With Lender 1001. Initial deposit for your escrow account (from GFE #91 1002. Homeowner's insurance months @ per mo $ 1003. Mortgage insurance months @ per mo $ 1004. Property taxes months @ per mo S 1005. months @ per mo $ 1006. months @ per mo $ 1007. Aggregate Adiustment S0.00 1100. Title Charges 1101. Title services and lender's title insurance (from GFE #4) 1102. Settlement or closing fee 1103. Owner's title Insurance !from GFE 65) 1104. Lender's title insurance 1105. Lender's title policy limit $ 1106. Owner's title policy limit S 1107. Agent's portion of the total Insurance premium $ 1108. Underwriter's portion of the total insurance premium $ 1109. 1110. 1111. 1200. Government Recording and Transfer Charges 1201. Government recording charges (from GFE 67) 17.00 1202. Deed $17.00 Mortgage $ Release $ 1203. Transfer taxes (from GFE #8) 1204. City/County tax/stamps: Deed S210.40 Mortgage $ 210.40 1205. State tax/stamps: Deed S Mortgage S 1206. $ 1207. $ 1300. Additional Settlement Charges 1301. Required services that you can shop for (from GFE #61 1302. 1303. 1304. Lien Report to Black Hawk County Abstract 190.00 1305. Document Preparation to to Redfern Law Firm P.O.C. 1306. Closing Fee to Redfern Law Firm P.0.C. 1307. 1308. 1400. Total Settlement ChargearMatihN lines 103, Section J and 602, Section K) 17.00 400.40 emend and to the best of my knowledge and belief. it is a true and accurate state y that I have received a copy of the HUD -1 SeJemeV, tatmnenL a.. City of Waterloo Buyer/Borrower Betty ieglaff rk S. Rolinger WARNING Ills a alma to ® 2009-2011 Easy Solt. receipts and disbursements made on Seller Buyer/Borrower Seller pared is a true and accurate account of this transaction. I've caused or will cause the funds to be disbursed in accordance with this statement. 9/30/2014 Settlement Agent Date iv make false statements to the United Stales on tits or any other stair farm. Penalties upon conviction can Include a tine or tmprmtmment calms are obsolete. Page 2 of 3 HUD -1 WARRANTY DEED THE IOWA STATE BAR ASSOCIATION Official Form #101 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 Taxpayer Information: (Name and complete address) City of Waterloo, Community Planning & Development, 715 Mulberry Street, Waterloo, Iowa 50703 Return Document To: (Name and complete address) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 Grantors: L&H Farms, Ltd. Grantees: City of Waterloo Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® Comparison of Good Falth Estimate (GFE) and HUD -1 Charges Charges That Cannot Increase HUD -1 Line Number Our origination charge #801 Your credit or charge (points) for the specific rate chosen #802 Your adjusted origination charges #803 Transfer taxes #1203 1 Charges That in Total Cannot increase More Than 10% Govemment recording charges 1 #1201 Total Increase between GFE and HUD -1 Charges Charges That Can Change Initial deposit for your escrow account #1001 Daily interest charges #901 Homeowner's insurance #903 Loan Terms Good Faith Estimate HUD -1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Good FaithEstimate HUD-1 0.00 17.00 0.00 17.00 17.00 Good faith Estimate HUD -1 0.00 0.00 0.00 0.00 0.00 0.00 Your initial loan amount is $ Your loan term Is Years Your initial interest rate is % Your initial monthly amount owed for principal, interest, and any mortgage insurance is $ includes 0 Princlpal ❑ Interest ❑ Mortgage Insurance Can your interest rate rise? ® No. 0 Yes, it can rise to a maximum of %. The first change will be on and can change again every after . Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. Even if you make payments on time, can your loan balance rise? ® No. 0 Yes, it can rise to a maximum of $ . Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? © No. 0 Yes, the first increase can be on and the monthly amount owed can rise to $ . The maximum it can ever rise to is $ . Does your loan have a prepayment penalty? © No. 0 Yes, your maximum prepayment penalty is $ . Does your loan have a balloon payment? © No. 0 Yes, you have a balloon payment of $ due in years on . Total monthly amount owed including escrow account payments © You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. 0 You have an additional monthly escrow payment of $ that results in a total initial monthly amount owed of $ . This includes principal, interest, any mortgage insurance and any items checked below: ❑ Property taxes 0 Homeowner's insurance ❑ Flood insurance 0 ❑ 0 Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. ® 2009-2011 Easy Soft Previous editions are obsolete. Page 3 of 3 HUD -1 L. Settlement Charges File Number. Loan Number. 700. Total Real Estate Broker Fees Paid From Paid From Seller's Funds at Settlement Division of Commission (line 700) as follows: Borrower's 701. $ to Funds at Settlement 702. $ to 703. Commission paid at settlement 704. 800. Items Payable In Connection With Loan 801. Our origination charge $ (from GFE #1) 802. Your credit or charge (points) for the specific interest rate chosen $ (from GFE #2) 803. Your adjusted origination charges (from GFE A) 804. Appraisal fee to (from GFE #3) 805. Credit report to (from GFE #3) 806. Tax service to (from GFE #3) 807. Flood certification (from GFE #3) 808. 809. 810. 811. 900. Items Required By Lender To Be Paid In Advance 901. Daily interest charges from 9/30/2014 to 10/1/2014 @ $ /day (from GFE #10) 902. Mortgage insurance premium for 0 months to (from GFE #3) 903. Homeowner's insurance for 0 years to (from GFE #11) 904. 905. 1000. Reserves Deposited With Lender 1001. Initial deposit for your escrow account (from GFE #9) 1002. Homeowner's insurance months @ per mo $ 1003. Mortgage insurance months @ per mo $ 1004. Property taxes months @ per mo $ 1005. months @ per mo $ 1006. months @ per mo $ 1007. Aggregate Adjustment $0.00 1100. Title Charges 1101. Title services and lender's title insurance (from GFE #4) 1102. Settlement or closing fee 1103. Owner's title insurance (from GFE #5) 1104. Lender's title insurance 1105. Lender's title policy limit $ 1106. Owner's title policy limit $ 1107. Agent's portion of the total insurance premium $ 1108. Underwriter's portion of the total insurance premium $ 1109. 1110. 1111. 1200. Government Recording and Transfer Charges 1201. Govemment recording charges (from GFE #7) 17.00 1202. Deed $17.00 Mortgage $ Release $ 1203. Transfer taxes kfrom GFE #8) 1204. City/County tax/stamps: Deed 9210.40 Mortgage $ 210.40 1205. State tax/stamps: Deed $ Mortgage $ 1206. $ 1207. $ 1300. Additional Settlement Charges 1301. Required services that you can shop for (from GFE #6) 1302. 1303. 1304. Lien Report to Black Hawk County Abstract 190.00 1305. Document Preparation to to Redfern Law Firm P.O.C. 1306.Closinq Fee to Redfern Law Firm P.O.C. 1307. 1308. 1400. Total-S5t6ement Charges (enter on nes 103, Section J and 502, Section K) 17.00 400.40 my accoun[tcf by me in • trap City of Waterloo d to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on th=.,-ave received a copy of the HUD -1 Settlement Statement. Buyer/Borrower Betty A. Sieglaff Seller Buyer/Borrower Seller This Settlement Statement Which I've prepared is a true and accurate account of this transaction. I've caused or will cause the funds to be disbursed in accordance with this statement, 9/30/2014 Mark S. Rolinger Settlement Agent Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. ® 2009-2011 Easy Soft Previous editions are obsolete. Page 2 of 3 HUD -1 A. Settlement Statement (HUD -1) OMB Approval No. 2502-0265 B. Type of Loan 1.0 FHA 2.0 RHS 3.0 Conv. Unins 4.0 VA 5.0 Conv. Ins 6. File Number. 7. Loan Number. 8. Mortgage Insurance Case Number. C. Note: This form is fumished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closin ; they y are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower. City of Waterloo 715 Mulberry Street Waterloo, IA 50703 E. Name & Address of Seller. Betty A. Sieglaff 1326 Maxhelen Blvd. Unit 5A Waterloo, IA 50701 F. Name & Address of Lender. - G. Property Location: N 1/4 SW 1/4 SE 1/4 10-87-14 9.325 acres Lot: Block: H. Settlement Agent: Mark S. Bolinger 415 Clay Street Cedar Falls, IA 50613 TIN: Phone: (319) 277-6830 Place of Settlement: 415 Clay Street Cedar Falls, IA 50613 I. Settlement Date: 9/30/2014 Funding Date: 9/30/2019 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101. Contract sales price 131, 949.00 401. Contract sales price 131, 999.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 17.00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for Items_paid by seller in advance 106. City/town taxes: 406. City/town taxes: to to 107. County taxes: 407. County taxes: to to 108. Assessments: 408. Assessments: to to 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due From Borrower 131, 966.00 420. Gross Amount Due To Seller 131, 949.00 200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 201. Deposit or eamest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 400.40 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes: 510. City/town taxes: to to 211. County taxes: 7/1/2014-3/1/2014 511. County taxes: 7/1/2014-3/1/2014 to P. O. C. to P. 0. C. 212. Assessments: 512. Assessments: to to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For Borrower 520. Total Reduction Amount Due Seller 400.40 Q. Cash At Settlement From/To Borrower 301. Gross Amount due from borrower (line 120) 131, 966.00 600. Cash At Settlement To/From Seller 601. Gross amount due to seller (line 420) 131, 949.00 302. Less amounts paid by/for borrower (line 220) 602. Less reductions in amount due seller (line 520) 400.40 303. Cash ® From 0 To Borrower 131, 966.00 603. Cash r_0 To 0 From Seller 131, 548.60 The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. 0 2009-2011 Easy Soft. Previous editions are obsolete. Page 1 of 3 HUD -1 THE IOWA STATE BAR ASSOCIATION Official Form No. 101 Mark S. Ranger FOR THE LEGAL EFFECT OF THE USE OF THISFORM, CONSULT YOUR LAWYER 'a I WARRANTY DEED 5• 0C1 atNoC. For the consideration of One Dollar(s) and other valuable consideration, L & H Farms, Ltd. do hereby Convey to City of Waterloo the following described real estate in Black Hawk County, Iowa: The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors title in fee simple; that they have good and lawful authority to sell and Convey the real is free and clear of all liens and encumbrances except as may be above stated; and Warrant and Defend the real estate against the lawful claims of all persons except as Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive real estate. Words and phrases herein, including acknowledgment hereof, shall be construed or plural number, and as masculine or feminine gender, according to the context. Dated: Quarter (N %2 SW '4) in Meridian, Black Hawk a deed filed March 14, 2012 of record and not of hold the real estate by estate; that the real estate grantors Covenant to may be above stated. share in and to the as in the singular L & H Farms, Ltd. (Grantor) (Grantor) (Grantor) STATE OF IOWA , COUNTY OF BLACK HAWK (Grantor) by Curtis G. This record was acknowledged Hollis, President of Lanehaven before me this day of , Farms, Inc., Partner in L & H Farms, Ltd. Signature of Notary Public O The lowo State Bar Association 2013 Warranty Deed IOWADOCS® Revised August 2013 3 ASSIGNMENT OF REAL ESTATE CONTRACT THIS ASSIGNMENT is made and entered into this day of 2014, by and between Hollis Farms, Inc., an Iowa corporation, and the City of Waterloo, a municipal corporation ("City"). 1. Assignment. Hollis Farms, Inc. hereby assigns all of its right, title and interest in the Real Estate Contract (Short Form) between Cecil Sieglaff and Betty Sieglaff; married persons, as Sellers, and Hollis Farms, Inc., an Iowa corporation, as Buyer, dated October 18, 2013 (hereinafter "Contract") for the sale of the following described real estate: The North 'A of the Southwest Quarter of the Southeast Quarter (N 1/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (9.325 tillable acres, more or less). 2. Acceptance of Assignment. City hereby accepts assignment of the Contract. HOLLIS FARMS, INC. THE CITY OF WATERLOO, A MUNICIP, L CORPORATION By: Blake G. Hollis, President By: By: Ernest G. Clark, Mayor i Suzy Sch.. es, City Clerk The undersigned, Cecil Sieglaff and Betty Sieglaff, married persons, hereby consent to the Assignment set forth above. Cecil Sieglaff Betty Sieglaff REAL ESTATE TRANSFER o GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name L & H Farms, Ltd. Address 7502 Hammond Avenue, Waterloo, Iowa 50701 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Waterloo Address 715 Mulberry Street, Waterloo, IA 50703 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: No Street Address Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) See 1 in Addendum 1. Wells (check one) _ There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) _ There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) _ There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in insu uctions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR forma 542-0960 (July 18, 2012) 5. Private Burial Site (check one) _ There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. . This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: — The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Telephone No.: (319) 296-2255 (Transferor or Agent) FILE WITH RECORDER DMR form 542-0960 (July 18, 2012) GROUNDWATER HAZARD STATEMENT ATTACHMENT #1 NOTICE OF WASTE DISPOSAL SITE a. Solid Waste Disposal (check one) _ There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. _ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below or on an attached separate sheet, as necessary. b.. Hazardous Wastes (check one) _ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. _ There is hazardous waste on this property and the appropriate response or remediation actions, or the need therefore, have not yet been determined. Further descriptive information: HEREBY DECLARE THAT 1 HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Telephone No.: (319) 296-2255 (Transferor or Agent) FILE WITH RECORDER DNR form 542-0960 — Attachment #1 (July 18, 2012) Addendum 1. The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Quarter (N 1/2 SW 1/4) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record.