You are on page 1of 182

-DISTRICT COURT OF IOWA SAC COUNTY FILED

IN THE IOWA DISTRICT COURT FOR SAC COUNTY DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN Plaintiffs vs. GARY STENOIEN, Defendant. * * * *
*

2012 SEP 28 AH If): DQ

. . CASE NO. ( E Q CA_) 0 \ ^ \ A f l

* * *

PETITION IN EQUITY

COMES NOW, Douglas V. Stenoien, Lavolla Stenoien, Sheryl Stenoien, and Gwendolyn Brown, and for Petition in Equity, states as follows: 1. Douglas V. Stenoien and Lavolla Stenoien are husband and wife residing at 3445

Esther Avenue Odebolt, Iowa 51458. Plaintiff Sheryl Stenoien is a daughter of Douglas V. Stenoien and Lavolla Stenoien and resides at 3443 Esther Avenue, Odebolt, IA 51458. Plaintiff Gwendolyn Brown is a daughter of Douglas V. Stenoien and Lavolla Stenoien and resides at P.O. Box 125, Ida Grove, IA 51445. 2. Defendant Gary Stenoien is a son of Douglas V. Stenoien and Lavolla Stenoien

and resides at 230 W. Wood Street, Barrington, IL 60010. 3. Tammy Swanson is a daughter of Douglas V. Stenoien and Lavolla Stenoien and

resides at 2671 Goldfinch, Exira, IA 50076. She is an interested party in these proceedings but is not named as a party Plaintiff by these Plaintiffs who do not know what position she may take in these proceedings. 4. Douglas V. Stenoien previously owned real estate described as follows: The Sl/2 SE1/4, Lot A in the NE1/4 SE1/4, and Lot A in the NWI/4 SE1/4 all in Section 4, Township 86 North, Range 38 West ofthe 5 P.M., Sac County, Iowa
lh

AND

Lot A in the SW1/4 NWfrl/4 AND Lot A in the SE1/4 NWfrl/4, all in Section 4, Township 86 North, Range 38 West of the 5 P.M., Sac County, Iowa, (as more particularly described and set out in survey of Bud L. Vote dated December 17, 1997, recorded in Book 2, page 195); AND Lot B in the SWT/4 NEfrl/4 of Section 4, Township 86 North, Range 38 West of the 5 P.M., Sac County, Iowa, (as more particularly described in survey of Bud L. Vote hereto attached); AND the NWfrl/4 NElfrl/4 of Section 4, Township 86 North, Range 38 West ofthe 5' P.M., Sac County, Iowa, and Lot A in the NEfrl/4 NEfrl/4, and Lot A in the SE1/4 NEfrl/4 and Lot A in the SWT/4 NEfrl/4, all in Section 4, Township 86 North, Range 38 West of the 5 P.M., Sac County, Iowa (as more particularly described in survey of Bud L. Vote dated July 28, 1998 hereto attached).
lh ,h th

5.

Douglas V. Stenoien sold said real estate to Reese Johnson, Rose Johnson, Troy

Johnson and Zane Johnson on July 13, 1998. A contract was entered into and a deed was filed. A copy of the deed is attached hereto as Exhibit A and made a part hereof as if fully set forth herein. By the terms of the sale Douglas V. Stenoien had the right to repurchase the real estate until July 28, 2003. Said option to repurchase was extended by a modification date July 28, 2003. Attached hereto is the modification agreement as Exhibit B and made a part hereof as if fully set forth herein. 6. Wanting to keep the real estate described in this petition in the family, Douglas

Stenoien discussed the repurchase with all of his children and it was decided that Gary Stenoien and Sheryl Stenoien, who were in the bestfinancialcondition to purchase the property, would repurchase the property on behalf of the family and based upon this oral agreement Douglas Stenoien allowed Gary Stenoien and Sheryl Stenoien to purchase the property and Gary Stenoien and Sheryl Stenoien obtained a loan from Farm Credit Services to finance the purchase. 7. The property was purchased from the Johnsons in the name of Gary D Steinoien.

See the deed attached as Exhibit C and made a part herein as if fully set forth. 8. Gary Stenoien and Sheryl Stenoien pursuant to said agreement, obtained the loan

from Farm Credit Services, signed the note and offered as security the real estate purchased by Gary Stenoien and also real estate owned by Sheryl Stenoien. See Exhibit D which is the mortgage to Farm Credit Services which is attached hereto and made a part hereto as if fully set forth herein. 9. All parties contemplated that the rents from the property would be applied to

principal and interest on the loan and once the loan was paid off that title would be in the children equally. Since the time of purchase the rents have been partially used to pay the debt, but, Plaintiffs have reason to believe Gary Stenoien has used part ofthe rents personally. 10. That Gary Stenoien has now indicated to Plaintiffs that he will not recognize the

former agreement of the parties and is claiming the real estate as his own. 11. The agreement, although oral is valid and binding between the parties because of

the consideration given for said agreement and the partial performance ofthe agreement. Douglas Stenoien gave consideration for the agreement by relinquishing his right to repurchase. Sheryl Stenioen has given consideration for the agreement by signing the note and giving security. The agreement has been partially performed by the parties both by carrying out the agreement and by Sheryl Stenoien's performance. 12. That the agreement ofthe parties should be equitably enforced by the Court by

requiring Gary Stenoien to cany out the agreement by payment of all past and future rents toward the mortgage balance owed to Farm Credit Services and by imposing a constructive trust on the property to insure that title to the property is divided equally between the children of Douglas Stenoien and Lavolla Stenoien. 13. That the Defendant should be required to pay the costs of this action.

WHEREFORE, it is prayed that the court, upon hearing, confirm the agreement ofthe

parties, require Gary Stenoien to apply all rents, past and future, to the mortgage balance and establish an equitable trust to assure the title is conveyed to the children of Douglas Stenoien and Lavolla Stenoien in equal shares and require the Defendant to pay the costs of this action.

Respectfully submitted,

Laurel L. Boerner Boerner & Goldsmith Law Firm, P. C. 500 2nd Street Ida Grove, Iowa 51445 (712) 364-2421 (712) 364-2619-fax bglf@longlines.com

Sep 17: 12 08:40a

Leah Henkelman
l i l t l U A A l A i * . NNH * J J U U * I lUN |

712-662-7242

p.3

.T>T.
REAL ESTATE TRANSfER TAX PAH) | Ji.

I *U* I M UKU1 &ICCI w .

" "

nw M M , M U M T voun LAWYEN

pj L E O N0l G O O K

'981036" .PAGE.

96 A U G 1 3 P M 2'20 MARGARET NELSON R E C O R D E R SAC C O U H T Y .I O W A


BAft COUNTY 100 Main St. Box 677 Si.i.l A<Mr. Odebolt. IA 51458 Si^ .712-668-2250 PiSZ

INDSftO

George

W. Dresaelhuis j-j^g-g^

SPACE A B O V E T H U LINE FOR M C O R O I H

WARRANTY DEED
For the consideration of Q"eDoJIarlsl and other valuable consideration,

Douglas V. Stenoieni single do hereby Convey to Reese Johnson, Rose Johnson. Ttoy Johnson, and Zane Johnson
tha following described real estate in. Sac . County, lowa: l o t A i n the Southwest Quartet of the Northwest F r a c t i o n a l q u a r t e r <SV?t NWfr>t) AND L o t A l n the Southeast Quarter of the Northwest F r a c t i o n a l Quarter (SFAc NWfr>0 a l l i n S e c t i o n Four ( 4 ) , Township E i g h t y - s i x (86> N o r t h , Range T h i r t y - e i g h t (38) West o f the 5th P . M . , Sac County, Iowa,(as more p a r t l c u l a r l y d i b e d and set out l n survey of Bud L . Vote dated December 1 7 , 1997, recorded i n Book 2 . page 195); AND L o t B i n the Southwest Quarter of the Northeast F r a c t i o n a l Quarter (SV ! UETSS) of S e c t i o n Four ( 4 ) , Township E i g h t y - s i x (96) N o r t h , Range T h i r t y - e i g h t (38) Vest Df the 5th P . M . , Sac County, Iowa,(as nwre p a r t i c u l a r l y described i n survey of Bud L . Vote h e r e t o a t t a c h e d ) ; AND the Northwest F r a c t i o n a l Quarter of the Northeast F r a c t i o n a l Quarter (NVJfrlt N E f r k ) of S e c t i o n Four ( 4 ) , Township E i g h t y - s i x (86) N o r t h , Range T h i r t y - e i g h t (38) West of the 5th P . M . . Sac County, Iowaj and Lot A l n the Northeast F r a c t i o n a l Quarter of the Northeast F r a c t i o n a l Quarter (NEfr% NEfr*t), and Lot A i n the Southeast Quarter o f the Northeast F r a c t i o n a l Quarter (SEJs NEfr^x) and L o t A i n the Southwest Quarter of the Northeast F r a c t i o n a l Quarter (S\*t NEfr5t), a l l l n S e c t i o n Four ( 4 ) , Township E i g h t y - s i x (86) North, Range T h i r t y - e i g h t (38) West of the 5th P . M . Sac County, Iowa, (as more p a r t i c u l a r l y described i n survey of Bud L . Vote dated J u l y 28, 1998, h e r e t o a t t a c h e d ) .
c s C r 4

Grantors do Hereby Covenant with grantees, and successors In Interest, that grantors hold the real estate by title In fee simple; that thay 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; end grantors Covenant lo Warrant and Defend ihe reel estate against the lawful claims of all persons except as may be above staled. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share In and to tha real estatB. Words and phrases herein. Including acknowledgment hereof, shall be construed as In the singular or plural number, end as masculine or feminine gender, according to the context. STATE OF IOWA ss:

Dated:

July 28. 1998

SAC COUNTY. 28 On this 28 th day of J u l y , 18 98 , before me, the undersigned, a Notary aid State, personally appeared

Douglas V. Stenoien

IGrsntorl

to me known to be the identical persona named In and who ^executed the -foregoing Instrument end acluioyyNj^k SKik '(ru>y; executed the same as their

IGrantorl

(Grantor!

--TV
.''.'ln.n.i"', CJ t M I M M SM> ' i n i l * f a n ...

Notary Public

(Grantor)

98-180 DOUGLAS STENOIEN

DESCRIPTION OF LOT A IN THE NWI/4 OFTHE SEI/4 A PART OF THE NORTHWEST QUARTER (NWI/4) OF THE SOUTHEAST QUARTER (S El/41 OF SECTION FOUR (4). TOWNSHIP ie NORTH (T-86-N), RANGE 3 WEST (R-38-W), OFTHE 5. P.M.. SAC COUNTY, IOWA, AND BEING MORE FULLY DESCRIBED AS FOLLOWS. Beginning it the Northwest (NW) comer of thi SEl/4 of Section 4, T46-N, R-38-W, of ihi 5*. P.M., Sac County, lowa. thence South 89' 55" 34" East, 136.71 fr* along the North line of said SEl'4, thence South 01* 05' 10" West, 86 02 feet, thence South 89 55' 34" East, 400.00 feet; thence Sijuth 00" 03' 16" West, 150.00 feet, thence South 79 16" 15" East, 484.00 foil; thence South 00 03' 16''Wen. 330.00 feet: dunce South 89 55' 31" Ean, 304.38 feet, to tlie East line of die NWI/4 of said SEI/4; thenco South 00" 07' 43" West. 660 90feet,along the East lute ofthe NWL'4 of iaidSEI-4, to the Southean (SE) comer thereof, thence North B957' 14" Wert, 1314.38fcet,along the south lioe ofthe NWI/4 of said SEl/4, to theSouil t'jftji \5W) corner thereof, theoce North 00* 03* 16" East. 132704 feet, along die Wen lir* or said SEi/4, to the point of beginning. The above describe!" Lot A contains 31.44 aon and is subject to all easements of record The West tine ofthe SHI/4 of said Section 4 is uied as bearing North 00' 03' lb" East m the above description.

DESCRIPTION OF LOT A IN THE NEI/4 OF THE SEI/4 A PART OF THE NORTHEAST QUARTER (NEI/4) OF THE SOUTHEAST QUARTER (SEW) OF SECTION FOUR (4). TOWNSHIP 86 NORTH (T-86-Nj, RANOE 38 WEST (R-3 8-W). OF THE 5. P.M., SAC COUNTY. IOWA, AND BEING MORE FULLY DESCRIBED AS FOLLOWS: Commencing at tile Natheaa (NE) comer ofthe SEI/4 of Section 4, T-86-N, R-38-W, nf the S P.M.. Sac Cntnty, Iowa, thence South 00 I f 10" Wen, 665.50 fed along the East tine of said SE 1/4, to the point j f beginning; thence continuing South 00* 12' 10" West, 660 27 (bet along the East line of ind SEl/4, to the Sou-Least (SE) comer ofthe NE'/4 of said SEl/4; thence North 89 57' 14" West, 1314.38 feet along the South line of the NEI/4 of said SEl/4, to the Southwest (SW) comer thereof; thence North 00" 0"'' 43" East, 660 90 ft along die West l.jie ofthe NEI/4 of said SEl/4. to die point of beginning.
s 4

The above described Lot A contains 19.94 acies arid is subject to all easements of record Tne East Ime of the SEl/4 of said Section 4 ii used as bearing South 00 12' 10" West, in (he above description

DESCRIPTION OF LOT B IN THE SWI,'4 OF THE NE FR1/4 A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHEAST FRACTIONAL QUARTER (NE FR1/4) OF SECTION FOUR (4), TOWNSHIP 86 NORTH (T-86-N). RANGE 38 WEST (R-38-W), OF THE 5 P M . SAt COUNTY, IOWA. AND BEING MORE FULLY DESCRIBED AS FOLLOWS: Beginning at the Southwest (SW) comer of Si.- NE FRI/4 of Section 4, T-86-N, R.38-W, ofthe 5" P.M., See County, lowa; thence North 00 03' l i . " Last, 629.04 feet along the West line of said NE FR1/4; thence South 51* 40' 44" East, 186 00 feet, thtnee South 01 05' 10" West, 513.98feet,to the South line of said NE FR1/4, thence Nor* 89 55' 3J - West. 136.78 feet along the South line of said NE FR1/4, to the point of beginning. The above described Let D contains 1.86 acre* and it subject to all casements of record. The West line of the NE FR1/4 of said Sea ion 4 is tued u l:aimg North 00 03' 16" "*. in the above description.

Shccl3of2

BUD L. VOTE

4 2 3 WEST MAIN STREET

SAC CITV. IOWA 5 0 5 8 5

1-712-662-7859
N t c o m * * UC f t I/* rJICTlOM 4 /* a * i c u a ft" Of 17

SAC CITY SURVEYING AND MAPPING


cototu MC ru i ,'* UCTUM 4 / * DU- K l A l W / t t U 4 T C J * NO. 77.1 i - i f m H-M *4J 17"-I
, ,

PLAT OF SURVEY MI4.M' . N - i r i r i r - i isi4.li'

TY as fc t
LOT TOTAL I l , M *C'I ( S W l / 4 HE m i / 4 ftf C C T I M E I S E I / 4 3* M COttTMA fC f * l / *
SCCTMN 4 ra

TV

'TY

WKIHC Nl

fll/4

I { \L~~-'

^ - v ^ * y "H^ .

!
^ i ,*|6'-W 44.02' 3-unx tx rtrti/* i n * i*' - , t ; ' MI COM*** H I / 4 i-r9'j**-t |[ ODINIM N I r i t / 4 - ~ stent* 4 "~ X * . K f t A A w / T C U a CA: CAP NO. m i Mr*

l / l " OUL N O A * W/TCU.OW CAP HO. 7 7 1 1 SIT * m t O . CCMTfJI

(li.H' l-r3S'l**-C

t r ' l 4 " - t

fiis.24'

$-s'.- . ,
LOT* HWl/4 M l / 4 TOTAL = Jl.44 AC'S
M

f T , o r BCC. LOT A H[l/ M l / 4

'

? / "J'j t-T tb ~

LOT I WI/4 UI/< 701*1 MIT l> 4 AC *J 11.44 AC*1 u i 4 j i ' II.W

Su

i-rf-"i4"- N-trr7'u"-w

5 )S

?!
^

K-WI7*I4*-W

H U M *

[-UHI fr I 9 ill/4 TOTM.

fII/4 -

M l / 4 I t . M A***

300
-

900
fXHCC H ftACt

SWI/

SCI/4

TOTAL > 40.01 A C ' f

I
!
/

: ts4a
' C C M t n C*S R.O.W.

|
i
*-|

\1
T COBNCB 1 / 4 **

J-UHt

W1/4

K-tru'u'-w m m ' '


l-M-H --
SAC CfiUMTI. (Oi>A 9 / I " (HA. 1 1 1 * 1 W / m u m CJU* N O . 7711 I S " DCTP SCCTftM 4 PLAT CONTAMS. LOT | M l / 4 MC fft 1/4 LOT A H * l / 4 S C t / 4 LD1 A N t l / 4 K I / 4 ttt/4 Ui/4 $ 1 / 4 SCI/4 SHUT 1 OF 2 < < S i carmen J C \ / 4 UCTWN 4 i / m m i CA>* NO. 771

SEC BHECT t or i roB btsaupmnts or


LOT D O V 1 / 4 K S 1 * 1 / 4 . LOT A V T I / 4 OS 1/4 AND LOT A ITS 1/4 511/4 Surv-jj/ flat* By 6-22-98 ftCESE O Corners Com*r* Found . * * * ^ P*^ * W 3** *
t T H

Seal*. JOHNSON . , - . . ._ _ P . . _ , Ht r
pt 0

Riquolid

CAUCUS

STEHEN

I r.irtAf ctiiirthai M i ^ i r 4 ! 3 t t A M > ' ^ f l d-KUir-^irl w o t > f * p a M l o n d t h * r * d a t * d UiVVtry w o r i i w o * p * H n n U b y m 4r n n r l f # m f * V c 1 i > r * A l # i i p n r l J o n a n d t h o t I i m a tiitty D H M i d Li-md S u n r t y s r ur>4r t h * l a ( ft*
y

3/B- C M A . iftON BAA WITH T T L L O W CA|P HO. 771B * '

l *

r*T.*l d . . It

W-11-B.

~^HO*

HO. 771B

Bud L

Y^rt*, L a r *

Samjor

Wa

Llcwii

N. 77 (

-2<

98-179-A
REESE JOHNSON

DESCRIPTION OF LOT A IN THE NE FRI/4 OF THE NE FRI/4 A PART OF THE NORTHEAST FRACTIONAL OUARTER (NE FRI/4) OFTHE NORTHEAST FRACTIONAL QUARTER (NE FRI/4) OF SECTION FOUR (4). TOWNSHIP 86 NORTH (T-86-N), RANGE 38 WEST(R-38-W). OFTHE 5 ". P.M.. SAC COUNTY, IOWA, AND BEING MORE FULLY DESCRIBED AS FOLLOWS:
T

Beginning at Ihe Southwest (SW) comer of the NE FRI/4 of the NE FRI/4 of Section 4, T-86-N, R-38W. ofthe 5*. P M , Sac County, lowa; thence North 00 01' 26" East. 1376.47. feet along Ihe West line of the NE FR 1/4 of tlie NE FR 1/4 to the Northwest (NW) comer thereof; thence North 89 48' 17" East, 1225.68 feet along the North line of the NE FRI/4 ofthe NE FRI/4; thence South 35 54' 31" West, 1704.89 feet, to tlie South line ofthe NE FRI/4 ofthe NE FRI/4; thence North 89 55' 34" West, 226.34 feet along the South line ofthe NE FRI/4 ofthe NE FRI/4, lo the point of beginning. The above described Lot A contains 22.96 acres and is subject to all easements of record.

DESCRIPTION OF LOT A IN THE SEI/4 OF THE NE FR 1/4 A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHEAST FRACTIONAL QUARTER (NE FRI/4) OF SECTION FOUR (4), TOWNSHIP 86 NORTH (T-86-N), RANGE 38 WEST (R-38-W), OF THE 5. P.M.. SAC COUNTY, IOWA, AND BEING MORE FULLY DESCRIBED AS FOLLOWS: Beginning at the Northwest (NW) comer of llie SEl/4 of Ihe NE FRI/4 or Section 4, T-86-N, R-38-W. ol llio 5*. PM., Sac County, lowa; thence South 89 55' 34" East, 226.34 feel along the North line of tlie SEl/4 ofthe NE FRI/4; thence South 35 54' 31" West, 386.14 feet, to tlie West line of tlie SEI/4 ofthe NE FRW4; thence North 00 01" 26" East, 313.05 feet along tlie West line of tlie SEl/4 of Ihe NE FRI/4 lo the point of beginning. The above described Lot A contains 0.81 acre and is subject to all easements of record.

DESCRIPTION OF LOT A IN THE SWl/4 OF THE NE FRI/4 A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST FRACTIONAL QUARTER (NE FRI/4) OF SECTION FOUR (4), TOWNSHIP 86 NORTH (T-86-N), RANGE 38 WEST (R-38-W), OF THE J. P.M., SAC COUNTY, IOWA, AND BEING MORE FULLY DESCRIBED AS FOLLOWS. Beginning al tlie Northeast (NE) comer of the SWl/4 of tlie NE FRI/4 of Section 4, T-86-N, R-38-W, of Ihe 5* P.M., Sac County, lowa; thence South 00 01' 26" West, 313.05 feet along the East line of tlie SWl/4 of tlie NE FRI/4; thence Soulli 35 54' 31" West, 447.61 reel; thence South 88 21' 45" Wesl, 712.90 feet; thence North 79" 26' 50" Wesl, 224 00 feet; thence North 53 57' 16" Wesl, 149.00 feel, to the West lino ofthe SWl/4 of said NE FRI/4, thence North 00 03' 16" East. 568.96 feet along the West line of tho SWl/4 of said NE FRI/4 to the Northwest (NW) comer thereof; thence South 89 55' 34" East, 1315.40 feet along the North line ofthe SWIM of said NE FRI/4 to Ihe point of beginning. The above described Lot A contains 19.33 acres and is subject to all easements of record. The East line ofthe NE FRI/4 of said Section 4 is used as bearing South 00 00' 23" East as related to the above descriptions.

Sheet 2 of 2

BUD L. VOTE

423 WEST MAIN STREET

SAC CITY. IOWA 505B3

1-712-662-7859
- HC cotuai w rn/4
UCTKM 4 T-44-M t-34-W SAC COUHTT. K M A S / l " DIA. ftllAM

SAC CITY SURVEYING AND MAPPING


PLAT OF SURVEY
TO UCTIOH COtHCR

: n rai/4 HW COMM NC i/4 HCTttH 4 / f Mi. KIAa W/YCLLOW CAf HO. I" Ktf

14.00'1114.41' . M-r'i7'

15*7711

V , H-M-U' t t ' ~ t

|- our
- t - l K NC n l / 4 - 3 3 ' COUNTY > (LOW.

ff
N - L M C HC m i / 4

MW M l / 4 NC r i l / 4 TOTAL 41.41 AC*S

PT. OF BCC. 3-ir3S'J4*-t H-00-01'11* LOT A S W l / 4 HC f I l / 4 TOTAL 11.3) A O " 1313.40'

HW C 0 4 W M 1 C 1 / 4

I
// I

M-irU'-H"-* 1313.40' M - 0 O - 0 l 2 * - C 313.03" OK S - 0 0 * 0 . * 2 4 " - W 115.03* 5 - 3 3 * 3 4 * J I " - W 447.41' N-3rS7*14'-W 141.00' N-7rJ4*30"-W 124.00'

- 3 - J 3 - 3 4 ' 3 1 * - W 444.t4' LOT A -Sl/4 Nl f l l / 4 TOTAL 0.41 AC'S - S - 0 0 - 0 1 ' 2 4 " - W 141.04' 40' COUHTT ftOAO K.O.<N. rH - e r as'34 * - w 111374*

712.10'- S-Br21*4S"- 0.1ft'

1?
s-uw Kt rrn/4
"-C 1111.10'

I.'

S / l " OtA. H * A R W/VCLLOW CAP HO. 7714 SCT T W O . CEHTEN

s-trai'o"102.24' H-4t*33'j4"-W - S-flri5'34--r H7IJ2*

-a it
HC COHHtS 1 C I / 4 OR SC COflHCR HC f l i t / 4 SCCTIOH 4

W 1 / 4 CCWMti UCTIOH 4 1 / 2 " DLL UOH #**

S-4r33'34"-C 134.71"

4" o t i r

5 s / i - ou. ICIAI S WACLLOH CAf HO. 7711 4" M C -

h
rCNCC PLACE

H-M'SI'SJ'-W SW CORHCN SCI/4 UCTWH 4 5/4' OU. KIAR W/TTLLOW CAF HO- 7714 ll"

I1I2.SI'

H-iru'H"-*

un.if :
StCTKW 4 S / I ' HA. K I A I w/rtU0 CAf HO. n i l S" octf

sc cormn >ci/4

P U T COHTAfttS;

Mr m LOT A LOT A LOT A

/ i HC r R i / 4 HE FRI/4 HC (7)1/4 SCI/4 HE m i / 4 SWl/4 HC FDI/4

) RECORDED ItfASURfUENTl

SHEET 1 Or 2 SHEET Z O r 2 FOB DESCRIPTIONS OF LOT A S W l / 4 NE n t l / 4 . LOT A S K I / 4 NE m i / 4 , AND LOT A HE n t l / 4 NE P R l / 4 Scale _!_ I horoby oorllly Ihol lll TW^wr#ayTna documonl " B l proportd and lha rkil4d lurvty work wot pariormad by ma or undor my dkact paraonol auparvlalon and lhal I P r o p r U l o r DOUCLAS STEMCHCN , iit.n.'.g Surayor undor Ih. Iet ( the IRON BAR WITH YELLOW CAP NO. 7718 S t a U of loa. Uy Ueonoo r.n.wol d o i . Ii l 2 - 3 l - 9 o .
o m a u l r L o n a

Survay Dolt R e q u e s t e d By

7-?4-9

Projacl

9B-I79-A

Rr/ESE JOHHSOH O 5/B"

Corner, Found
Corners t . l A

A *s DESCRIBED ON PLAT
5 / " * DIA. IRON BAH WITH YELLOW CAP NO. 7718

Bud l . Vole. Land Surveyor - lao L l c . m a Nd. 7718

06/18/2012 09:08 FAX 4029775627

81 LAB VA OMAHA @ 005/005

In order to simplify issues as related to the current years crop payments, Reese Johnson. deal, has agreed to extend the Stenoien - Johnson buy back option to December first, 2003. Reese Johnson etai., agrees that the buy back may be done by Doug Stenoien and or his femily including the Gary Stenoien family, Sheryl Stenoien, Tammy Stenoien, Danyl Stenoien and or the Owen Stenoien fernily. In the event that the Stenoien iarnily chooses to sell the said land within 2 yearsfromdate of repurchase, Reese Johnson etal, shall be givenfirstoption to buy back said property.
r

Signed this date,

7-^l?-03

:j.- I\ , .7 7/.

.1 . i 1 i-.,-v . i .

TA:< PAID
STAMP S DOCUMENT M ) . _ 'clock 'tA^ivr JANUARY i . 2004 LINDA SIEllRECllT, IEUREC RECORDER SAC COUNTY. rOWA # 0 4 0 1 6 4

nECCFlDER

ivlSiSL. Joseph J . Heidenreich IndWutf. N.mt

100 Main S t . , Box 477 sifitl Addraii J&WfiOIKHMJmitiCfiBEKX XJBffiaspyc^HJC^OoWXX

Odebolt, IA 51458 City

712-668-2250 FKoni
0 00 0 1

CC'

Address Tax Slatemenl: JBoueamStouSCBOCKDHK Gary D. stenoien

SPACE ABOVE THIS LW 230 Wood S t r e e t W e s t " " " " " B a r r i n g t o n , IL 60010

WARRANTY DEED
For the consideration of one Dollar(a) and olher valuable consideration, ~ " Zane Johnson and Carol Johnson, husband and w i f e ; Reese Johnson and Rose Johnson, husband and w i f e ; and Troy Johnson, s i n g l e do hereby Convey lo Gar;* P . Stenoien ' ~~~ '

Ihe following described real eslale In SAC County, lowa: The South Half of the Southeast Quarter (S^ SE*s) , Lot A i n the Northeast Quarter of the Southeast Quarter (NE*i SEk) , and Lot A i n the Northwest Quarter of the Southeast Quarter ( N W ' t S&t.) a l l i n Section Four ( 4 ) , Township E i g h t y - s i x (86) North, Range T h i r t y - e i g h t (38) West of the 5th P.M., Sac County, Iowa.. (As more p a r t i c u l a r l y described i n survey of Bud L. Vote dated June 29, 1998 hereto attached .) AND Lot A i n the Southwest Quarter of the Northwest F r a c t i o n a l Quarter (SWh; NHfrij) AND Lot A i n the Southeast Quarter of the Northwest F r a c t i o n a l Quarter (SE^ NWfry a l l i n Section Four ( 4 ) , Township E i g h t y - s i x (86) North, Range T h i r t y - e i g h t (38) West of the 5th P.M., Sac County, Iowa, (as more p a r t i c u l a r l y described and set out i n survey of Bud L. Vote dated December 17, 1997, recorded i n Book 2, page 195); AND Lot B i n the Southwest Quarter of the Northeast F r a c t i o n a l Quarter (SW!j NEfr^) of Section Four ( 4 ) , Township E i g h t y - s i x (86) North, Range T h i r t y - e i g h t (38) West of the 5th P.M., Sac County, Iowa, (as more p a r t i c u l a r l y described i n survey of Bud L. Vote hereto attached; AND the Northwest F r a c t i o n a l Quarter of the Northeast F r a c t i o n a l Quarter (NWfr!j NEfr'-s) of Section Four ( 4 ) , Township E i g h t y - s i x (86) North, Range T h i r t y - e i g h t (38) West of the 5th P.M., Sac County, Iowa; and Lot A i n the Northeast F r a c t i o n a l Quarter of the Northeast F r a c t i o n a l Quarter (NEfr^ N E f r ^ ) , and Lot A i n the Southeast Quarter of the Northeast F r a c t i o n a l Quarter (SE* NEfr^) and Lot A i n the Southwest Quarter of che Northeast F r a c t i o n a l Quarter (SW^ N E f r ^ ) , a l l i n Section Four ( 4 ) , Township E i g h t y - s i x (86) North, Range T h i r t y - e i g h t (38) West of the 5th P . M. Sac County, Iowa, (as more p a r t i c u l a r l y described i n survey of Bud L. Vote dated J u l y 28, 1998, hereto attached.) Grantors do Hereby Covenant with grantees, and successors in interest, lhal grantors hold the real estate by title In fee simple; that they have good and lawful authority lo sell and convey the real eslale; lhal Ihe real estate Is Free and Clear of all Liens and Encumbrances excepl as may be above staled; and grantors Covenant lo Warrant and Defend Ihe real estate against Ihe lawful claims of all persons excepl as may be above stated. Each of the undersigned hereby relinquishes all righls 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.
1

STATE OF

IOWA

Dated

SAC COUNTY, On this J U L day o l J * ^ u 4 2 d . Z a & Johnsfli 2009 before me, the tinderslgnerf, a Notary Public In and for said Slate, personally appeared 'Zane Johnson and Carol Johnson, husband and A . Ck/ w i f e ; Reese Johnson and Rose Johnson. ~ l^Lh^ hushand and w i f e : anH Trnv Johnson, slnoTp Carol Johnscm lo me known to be the Identical persons named In and who executed the foregoing Instrument and acknowledged lhat they executed the same as their voluntary act and deed. Hf.'-.iA. <rrrusfcvL Notary Public
(TTiUformol tduumMdj

(Grantor) J (Grantor)

"OMNTTW OM8TOCK

COMMISSION NO. 1373141 ISSIOWEXPIREa 1

uYcomssn

Trov John
101 WARRANTY PEED j
Rivlltd Jlftuwv. 20001

IOWADOCS*

3000

BUD

L.

VOTE

A23

WEST

MAIN

STREET

SAC

CITV.

IOWA

50583

1-712-662-7859

SAC CITY SURVEYING AND MAPPING


N cotoOt HC rti/4 UCDQK 4 I / i " DU- * w/mxxm c*r NO. n i l t* K i r PLAT M-WrftiT-i OF SURVEY l9U.t&* >
x

t tijunt* >a n i / < SCCTKM 4 " at, tttAM ' Of CP

II

a?

* 1 /
LOT T*t/4 Ht r m / 4 TOT At I . M AC'S CC**XT*

CAT* HO. 771* StT * TWO. CttflUt PT. Of KC. LOT A MVI/4 It*'* \ FT. of K G iof i t * i / i * f n n / i \
1

a-u w mi/4 f l-Ti3*i4"-l ll7l.il' . itr**j4"-c tiu.to'

M-M 99'S4"-W 01 l-arSS'jV-C

17
i H.yr134.7*

HE CfiBhCK 5 1 1 / 4 on f C CORNER N I n t / 4 StCTtW 4 l / l * Ou. K I M * / T C L t O * CAT HO. 7 7 1 * 4' OUP

-L)

^ W1/4 CMHCR StCHM 4 1 / 2 " O U . I M M ftAft 4- orr?

s-tru'i<'-t

IJIS.14'

HHT1/4 K I / 4 T O T A L = 31.44 *C'3 1-#l*t)7 |4*-e l-*rJ'l4*-W


,

"Jo

1?
So R 2-

L O T i HI 1/4 Wl/ roiAL AC'S POAt tj.M AC't M[T JB It.4-4 ACS i-crru "-c U"-C li'-W U 14.U' 1SI4.M' 111 4.11* ,I f ' I

1314.31' U14.3A'

i-uhi m / 4 SI 1/4 M(/4

300 -

00

SWl/4

SEl/4

TOTAL 40.fi I A C ' l * FIMCC M TLACt

\
o

TOfM. - 34.H AC'S ROAD t.pq NTT > H i t AC'I

J
/ 1W C O t f C K ! * ' / < KcnoH 4 T-M-tf K - 3 J - * IAC courm. t o w A / ' UA. { * W/1TLLOW C t f NO- 7 9 1 1 I S " MX*> m H-tru'ss'-w i m n ' S I " C W M n tOAO R . O . W . - F - | f-irU'33"-W 1312.41' * SC CORriCD S C I / 4 UCDON 4 %/$' OU. H l A l W/TTLLOW CAP HO. 7 7 1 1 PLAT COHTANS: LOT * S W l / 4 ME f R l / 4 LOT A N V I / 4 S C I / 4 LOl A N t l / 4 M l / 4 SCI/4 S X t / 4 5*1/4 SCl/4 S H O T i or 2 SHEET z o r t nut bBasupnawi U T B 8T1/4 MC r t i / 4 , LOT A HT1/4 S E l / 4 LOT A V Z l / A Seal*. JOHMSON Prprl.lr Projocl DOUCLAS 9B-1BO STEHMEH SEI/4 dU(Tt*nl > p r * p ' * 4 l o n d t h e ralefed oi pr1rmd by m a r undsr 4lkr*t f M n o t W w y n t U l o f t a n d l h a t I mm a d u t f r i - i rt L u t J S u r m y o r u n d r i h * l a v * mi l h a
M

or

( )
ga Survey Pot* _ ftTCSE Raquflsttd By O

tt

V a * a * - tftOrt B*ft W I T H Ytuow C A F MO. 7 7 I B

y n w w

nn^woi di U

12-31-QI.

Comara

<>l

A *

* P^-

S* * *

^ U - O W CAP NO, T 7 I

Bud L

( Ldnd S u n t a r -

lwo L l n w

Mo. 7711

98-1 S O DOUGLAS STENOIEN

DESCRIPTION OF LOT A IN THE NWI/4 OFTHE SEI/4 A PART OF THE NORTHWEST QUARTER (NWI/4) OF THE SOUTHEAST QUARTER. (SEl/4) OF SECTION FOUR (4), TOWNSHIP 86 NORTH (T-B6.N), RANGE 38 WEST (R-38-W), OF THE 5 . P.M., SAC COUNTY, IOWA, AND BEING MORE FULLY DESCRIBED AS FOLLOWS:
ni

Beginning at-he Norrfwest yNW) comet of the SE1M of Sction 4, T-8S-N. R-34-W. ofthe 5*. P.M., Sac County, lowa thence South 89*33' 34" East, 136 78 f i n along the North line of Mid SEW, thence South Ol 05' i&" West, 86.02 feel, thence South 89* 33' 34" East, 400.00 feet; thence South 00' 03' 16" West, 150.00 feet.lhttceSuUh 79 16' IS" East, 4B4.M te^; thence South 00* 03' I6'"W% 330.00 fret; dunce Smith 8 55' 34" East. 304.38 feet, to tin East line of tlie NWI/4 of said SEI/4; thenco South 00 07' 43" West, 60 90feet,along Ihe East line ofthe NWI/4 of laid SEI/4. to the Southeast (SE) corner thereof; the:ica North 89 37' 14" West, 1314.38 feet, along the aouth line of thcNWl/4 of said SEl/4, to the Sci^nves SW) comer thereof, thence North 00* 03' 16" El>t. 1327 04 feet, along die West lire or said SEi/4. to the point of beginning.
0 V

The above describee* Lot A contains 31.44 acres and is subject to all easrmentt of record. The West line of thi SEI/4 of said Section 4 is used at bearing North 00' 03' 16" East m the above description.

DESCMFTION OF LOT A IN THE NEI/4 OFTHE SEl/4 A PART OF THE NORTHE AST QUARTER (NEI/4) OFTHE SOUTHEAST QUARTER (SEl/4) OF SECTION FOUR (4), TOWNSHIP 86 NORTH (T-86-N), RANGE 38 WEST (R-38-W), OF THE 5 F M , SAC COUNTY. IOWA, AND BEING MORE FULLY DESCRJBED AS FOLLOWS: Commencing at tlie N'oi'Jiejst (NE) comer of tho SEI/4 of Section 4. T-86-N, R-38-W, of ih 3" P.M.. Sic C3U.it}. lowa; thence South 00* 12' 10" Wee, 663.30 feet along the Emit I me of said SEI/4, to the point of beginning; thence continuing South 00" 12' 10" West, 660 27 feet along the East line of i*>d SEl/4. to the Southeast (SE) comer of the NE-/4 of said SEl/4; thence North 89" 37' 14" West, 1314.38 feet along tha South line of the NEI/4 of said SEl/4, to the Southwest (SW) comer thereof; thane* North 00 0"" 43" East, 660 9C fee along the West l:n of th NEI/4 of said SEl/4, to the point of beginning The above described L a A contains 19.94 acies i-id is subject ta all vaeemenfs of record. The East line of the SEl/4 of said Section 4 is used ai bearrng South CO* 12' 10" West, in the above description.

DESCRIPTION^ OF LOT B IN THE SWl/4 OFTHE NE FRI/4 A PART OF THE SOUTHWEST QUARTER (SWl/4) OF THE NORTHEAST FRACTIONAL QUARTER (NE FRt/4) OF SECTION FOUR (4). TOWNSHIP 86 NORTH (T-86-N). RANGE 38 WEST (R-38-W), OF THE 5 P.M., SAt COUNTY. IOWA. AND BEING MORE FULLY DESCRIBED AS FOLLOWS: Beginning at the Southwtst (SW) comer cr-ii.- NE FRI/4 of Section 4, T-86-N, R-38-W, ofthe 5*. P.M., Sac County. lowa;theoceNcs-thO(r' 03' I f tut. 429.04 fret along the West line of said NE FTU/4; thence South 31* 40' 44" East. 186 00 feet, thince South 01* 03" 10" Wen, 513.98 feu. to the South lint of said NE FRI/4, thence Nor* 89' 53' W West. 136.78 feet aJoag the South line of said NE FRI/4, to the point of begirtning. The above described Let B contains 1.86 acies and is subject to all casements of record. The West line of the NE FRI/4 of said Section 4 it used u btaimg North 00* 03' 16" East, in tha above description.

Sheet 2 of 2

- ^ W ^ M f e

INPEXED
COMPARED

NXNO._J>40165
JANUARV 20O4 " LINDA SIEBRECHT, RECORDER SAC COUNTY, IOWA # 0 4 0 1 6 5

Do not write/type above this Bne. For tang purposes only. RETURN TO -Farm Credit Services o l America, P.O. Box 340 PREPARER: Storm Lako, IA 60588-0340
1

Polly Worterman (712)732-5250

Farm Credit Sorvlcea of America

REAL ESTATE MORTGAGE


For the State of lowa
Open-Bnd To Secure Present and Future Obligations and Advances

HOMESTEAD EXEMPTION WAIVER I understand that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale; and that by signing this mortgage, I voluntarily give up my right to this protection for this property with respect to claims based on this mortgage.
Date

(jary O Stonrpefi
r L

'

Sheryl \erjfkr Ann Stenoien

'

jji3l*l

Date: January 05, 2004 Mortgagor(s): Gary D Stenoien and Lorri A Reinke, husband and wife
Sheryl Ann Stenoien, single Mailing Address: 2 3 0 W o o d St B a r r i n g t o n IL 6 0 0 1 0 - 5 8 2 2 The above named Mortgagor (si in consideration of the advance by Mortgagee of the principal sum specified below, the receipt of which is hereby acknowledged, and any future, additional or protective advances made at Mortgagee's option, hereby sell, convey, and mortgage to Farm Credit Services of America, FLCA, 5015 5 118th St; PO Box 2409, Omaha, NE 68103-2409, Mortgagee, its successors and assigns, from the date hereof until a\t obligations secured hereby are paid in lull, the lollowing-de&cribed real estate in Sac,Ida County(ies), lowa, to wit:

See attached legal description


together with ell Mortgagor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights to possession; el-Toil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to or in any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended, or renewed by Mortgagor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property." It is understood and agreed between Mortgagors) and Mortgagee that this mortgage is given to secure the repayment in full of the following described promissory note(a), and all future and additional loans or advances, protective or otherwise, which may be made by Mortgagee, at its option, at the request of, and to or for the account of Mortgagor(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms of the notels) or other instrumental modifying the same. Date of Note 01/05/2004 Principal Amount 610,000.00

NOTICE: This mortgage secures credit In the amount of > 610,000.00. Loans and advances up to this emount. together with Interest, are senior to Indebtedness to other creditors under subsequently recorded or filed mortgages end liens. NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. This mortgage will be due June 0 1 , 2024. Mortgagor(s) hereby warrants that Mortgagor(s) holds fee simple title to the above described property, that Mortgagor(s) has good and lawful authority to mortgage the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Mortgagor(s) will warrant and defend the property at Mortgagor's expense against all claimants whomsoever. Mortgagors) also hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and to the above described property. Mortgagor(s) and each of them further covenant and agree with Mortgagee as follows: 1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or privilege assigned to Mortgagee as additional security to this mortgage, including those in or on

Ap ff: 00306973; Primary Customer ID ft: 00106339; CIF #: 27244 FORM 5014, Real Estate Mortgage

Legal Ooc. Date; January 0 5 , 2004 Page 1

public domain. 2. To insure and keep insured buildings and other improvements, including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Mortgagee. Such insurance will be approved by and deposited with Mortgagee, and endorsed with a mortgage clause with loss payable to Mortgagee. Any sums so received by Mortgagee may be applied in payment of any indebtedness matured or unmatured secured by this mortgage, or at the option of Mortgagee may be used to pay for reconstruction of the destroyed improvements. Such insurance will be in an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. I/We will obtain and keep flood insurance in force to cover losses by flood as required by Lender and by the National Flood Insurance Act of 1968, as amended, and by regulations implementing the same. I/We further agree that Lender is not and will not be lieble for any failure by me/us or by any insurer, for whatever reason, to obtain and keep this insurance in force. 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Mortgagee may enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreement(s). 4. in the event Mortgagor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as provided herein or in the loan agreement(s), Mortgagee, at its option, may make such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interesl at the default rate provided in the notels) from the date of payment until paid. Tha advancement by Mortgagee of any such amounts will in no manner limit the right of Mortgagee to declare Mortgagorfs) in default or exercise any of Mortgagee's other rights and remedies. 5. In the event Mortgagee is a party to any litigation affecting the property or the lien of this mortgage, including any action by Mortgagee to enforce this mortgage or any suit in which Mortgagee is named a defendant (including condemnation and bankruptcy proceedings) Mortgagee may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses, appraisal fees, and other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the note(s) from the date of advance until paid. 6. Any awards made to Mortgagorfs) or their successors by the exercise of eminent domain are hereby assigned to Mortgagee; and Mortgagee is hereby authorized to collect and apply the same in payment of any indebtedness, matured or unmatured, secured by this mortgage. 7. In the event of default in the payment when due of any sums secured hereby (principal, interest, advancements, or protective advances), or failure to perform or observe any covenants and conditions contained herein, in the note(s), loan agreement^}, or other instrument(s), or any proceeding is brought under any Bankruptcy laws. Mortgagee, at its option, may declare the entire indebtedness secured hereby to be immediately due and payable and the whole will bear interest at the default rate as provided in the note(s) and Mortgagee may immediately foreclose this mortgage or pursue any other remedy at law or equity, including foreclosure by advertisement with a power of sale in Mortgagee to the extent provided by applicable law. Delay by Mortgagee in exercising its rights upon default will not be construed as a waiver thereof and any act of Mortgagee waiving any specific default will not be construed as a waiver of any future default. If the proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured hereby, Mortgagorfs) does hereby agree to be personally bound to pay the unpaid balance, and Mortgagee will be entitled to a deficiency judgment. 8. Upon default, Mortgagee will at once become entitled to exclusive possession, use, and enjoyment of the property and to all rents, issues, crops, profits, and income thereof, from the time of such default and during the pendency of foreclosure proceedings and the period of redemption, the delivery of which may be enforced by Mortgagee by any appropriate suit, action, or proceeding. Mortgagee will be entitled to a Receiver for the property and all rents, issues, crops, profits, and income thereof, without regard to the value of the property, or the sufficiency thereof to discharge the mortgage debt and the foreclosure costs, fees, and expenses. Such Receiver may be appointed by any court of competent jurisdiction upon ex parte application, notice being hereby expressly waived. The Receiver will apply all rents, issues, crops, profits, and income of the property to keep the same in good repair and condition, pay all taxes, rents, fees, charges, and assessments, pay insurance premiums necessary to keep the property insured, pay the expense of the receivership and attorney fees incurred by the Receiver, and apply the net proceeds to the payment of the indebtedness secured hereby, Such Receiver will have all the other usual powers of receivers authorized by law and as the court may direct. 9. The integrity and responsibility of the Mortgagor(s) constitutes a part of the consideration for the obligations secured hereby. Should Mortgagorfs) sell, transfer, or convey the property described herein without prior written consent of Mortgagee, Mortgagee, at its option, may declare the entire indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any other default. 10. Assignment of Rents including Proceeds of Mineral Leases. Mortgagor(s) hereby assigns, transfers, and conveys to Mortgagee all rents, royalties, bonuses, and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or under any oil, gas, gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may hereafter come into existence, covering the property or any part thereof. All such sums so received by Mortgagee will be applied to the indebtedness secured hereby; or Mortgagee, at its option, may turn over and deliver to Mortgagorfs) or their successors in interest, any or all of such sums without prejudice to any of Mortgagee's rights to take and retain future sums, and without prejudice to any of its other rights under this mortgage. This assignment will be construed to be a provision for the payment or reduction of the mortgage debt, subject to the Mortgagee's option as hereinbefore provided, independent of the mortgage lien on the property . Upon payment In full of the mortgage debt and the release of this mortgage of record, this assignment will become inoperative and of no further force and effect. 11. This Mortgage constitutes a Security Agreement with respect to all the property described herein. 12. The covenants contained in this mortgage will be deemed to be severable; in the event that any portion of this mortgage is determined to be void or unenforceable, that determination will not affect the validity of the remaining portions of the mortgage. 13. Redemption Period. If the property described herein ia less lhan ten acres in size and if Mortgagee waives in any foreclosure proceeding any right to a deficiency judgment against Mortgagors), then the period of redemption from judicial sale will be reduced to six months. It the court finds that the property has been abandoned by Mortgagorfs) and if Mortgagee waives any right to a deficiency judgment against Mortgagorfs), then the period of redemption from judicial sale will be reduced to sixty days. In addition, if the property described herein is the residence of Mortgagorfs) at the time of foreclosure, but the court finds that after foreclosure the property has c e a s e ^ t M M O b f i r e side nee of Mortgagorfs), then the period of redemption will be reduced to thirty days from the date of a court order so stating. Theifrovisions oftKsjfaragraph wilt be construed lo conlirm to the provisions of Sections 628.26, 628JJ7, and 628.28 of the Code of lowa.

INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF COUNTY OF

9< day of _
to me known to be the person(s) r

j before me, a Notary Nc Public, personally appeared _

executed the foregoing instrument, and acknowledged that

Hltlj

executed the same as

uo.M.
My commission expires_ (Type name under signature} Notary Public in and for said County and State INDIVIDUAL BORROWER ACKNOWLEDGMENT

STATE OF
COUNTY OF On this ff^*

(L
} ss
day of _, before me, a Notary Public, personally appeared _

A M : 00306973; Primary Customer ID #: 00106339; CIF * : 27244 FORM 5014, Real Estate Mortgage

Legal Doc. Oate: January 0 5 . 2004 Page 2

t*. me kndVvn to be the person(s) named in and who executed the foregoing instrument, and acknowledged that _ voluntary act and deed.

executed the same as

(SEAL)

My commission expires^

(Type name under signature) Notary Public in and for said County and State INDIVIDUAL BORROWER ACKNOWLEDGMENT

) COUNTY OF On this j^ day of

ss

}00\

_, before me, a Notary Public, personally appeared _

to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that voluntary act and deed.

^ / e x e c u t e d the same i

~-pbUYJOWOLmiMAN
(SEAL)

f & \ Commission Number 167340 ! A ; MyCqrnmtoOonExplreo fCqmmlstion

NL
(Type-name under signature) Notary Public in and for said County and State

My commission expires_

Ap #: 00306973; Primary Customer ID *: 00106339; CIF tf: 27244 FORM 5014, Real Estate Mortgage

Legal Doc. Date: January 05, 2004 Page 3

The East Half (El/2) of H K o n 4, Township 86 North, Range 38 West ofthe 5 ^ M . , Sac County, Iowa, except: A tract of land located in the Southeast Quarter of the Northeast Fractional Quarter (SEl/4 NE Frac 1/4) arid in the Northeast Quarter ofthe Southeast Quarter (NEI/4 SEl/4) all in Section 4, Township 86 North, Range 38 West ofthe 5 P.M., Sac County, Iowa, and being more particularly described as follows: Beginning at the Southeast (SE) Corner of the Northeast Fractional Quarter (NE V; ::c 1/4) of said Section 4; Thence on a previously recorded bearing of North 0Ci 00'23" West, along the East line of said Northeast Fractional Quarter (NE Frac 1/4), 69.74 feet; Thence North S913'07" West, 609.06 feet; Thence South 0016'30" West, 153.80 feet; Thence South 1544'00" East, 162.61 feet; Thence South 8858'56" East, 564.89 feet to the East line ofthe Southeast Quarter (SEl/4) of said Section 4; Thence North 0012'10" East, along said East line,. 242.31 feet to the Point of Beginning. Tract contains 4.27 Acres and is subject to all easements of record.
th : p

And,

A PART OF THE NORTHWEST QUARTER (NWJ ) OF* SECTION - TWENTY-TWO. (SEC. 22) AND ALSO PART OF THE-EAST HALF (EJ).OF THE NORTHEAST QUARTER (NE}) OF SECTION TWENTY-ONE (SEC. 21) ALL. BEING IN TOWNSHIP EIGHTY, SEVEN NORTH (T87N), RANGE JFORTY WEST (R4QW) OF THE FIFTH PRINCIPAL MERIDIAN, IDA COUNTY, IOWA, (EXCEPTING THEREFROM PARCEL NO. 1 BELOW DESCRIBED) BEING MORE COMPLETELY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST. CORNER OF SAID SEC. 22; THENCE.SOUTH 0012 41" WEST 758.94 FEET ALONG THE WEST LINE OF SAID NW} TO THE NORTHEAST CORNER OF SAID LOT 1 E i NE} SEC. 21, WHICH IS THE POINT OF BEGINNING; THENCE SOUTH 8714'02" EAST 1648.48 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY- L7KK OF THE NOW EXISTING COUNTY ROAD; THENCE NORTHEASTERLY 80.OO JJBJET ALONG THE ARC OF A 995.0 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY WHOSE LONG CHORD BEARS NORTH '5243'34" EAST FOR 80.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BLOCK 3 OF SCHMIDT'S FIRST ADDITION (SUBJECT TO AN EASEMENT FOR ACCESS WEST OF THIS 80.00. FOOT LINE TO ALLOW -ACCESS TO THE REMAINING PORTION OF THEoNW} OF THE NW})| THENCE-SOUTH 6o14'53" WEST 49-46 FEET ALONG THE WEST LINE OF SCHMIDT'S FIRST ADDITION TO THE SOUTHWEST CORNER PF SAID ADDITION; THENCE NORTHEASTERLY 609,69 FEET ALONG, THE SOUTH-'L'lNE OF SAID ADDITION AND THE ARC OF A 955.S- FOOT HAD!US CURVE CONCAVE SOUTHEASTERLY WITH A LONG CHORD WHICH BEARS NORTH 7137'35" EAST FOR 599.39 FEET; THENCE NORTH 8954 53." EAST 368.10 FEET ALONG THE SOUTH LINE OP SAID ADDITION TO THE SOUTHEAST CORNER OF SAID ADDITION; THENCE SOUTH 0023'30" WEST 1992.68 FEET ALONG THE EAST LINE OF SAID NW} TO THE CENTER OF SAID SEC. 22; THENCE SOUTH 8952'45" WEST 2640.64 FEET ALONG THE SOUTH LINE OF SAID- NW} TO THE WEST QUARTER CORNER OF SAID SEC. 22;' THENCE NORTH 0012'4l" EAST 205.44 FEET ALONG THE WEST LINE OF SAID NW} TO THE CENTERLINE OF THE NOW EXISTING COUNTY ROAD; THENCE NORTHEASTERLY 82.68 FEET, ALONG SAID CENTERLINE, ON THE ARC OF A 955.0 FOOT RATJIUS CURVE . CONCAVE NORTHWESTERLY WITH A LONG CHORD WHICH BEARS NORTH 4911'18" EAST FOR 82.68 FEET; THENCE NORTH 46"42"44" EAST 159.69 FEET ALONG SAID CENTERLINE; THENCE NORTH 0010'14" WEST 285.89 FEET; THENCE SOUTH 6838'38" WEST 184.18 FEET; THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SEC. 22 1295.83 FEET TO THE POINT OF BEGINNING. ALSO, COMMENCING AT A POINT ON THE EAST LINE OF SEC. 21 11.7 3 CHAINS SOUTH 'FROM THE NE CORNER THEREOF, THENCE WEST 3.35 CHAINS, THENCE SOUTH 30 WEST 3.94' CHAINS, THENCE SOUTH 910' EAST 12.06 CHAINS, THENCE SOUTH 4051' EAST 5.31 CHAINS, ' THENCE NORTH ON THE SECTION LINE BETWEEN SEC. 21 AND SECl 22 19.48 CHAINS TO POINT OF BEGINNING.
, ,

EXCEPTION PARCEL NO. 1 A PART OF THE WEST HALF (WJ) OF THE NORTHWEST QUARTER (NW}) OF SECTION TWENTY-TWO (SEC. 22), TOWNSHIP EIGHTY-SEVEN NORTH (T87N), RANGE FORTY WEST (R40W) OF THE FIFTH PRINCIPAL MERIDIAN, IDA COUNTY, IOWA, MORE COMPLETELY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER QF SAID SEC. 22, THENCE SOUTH' 0012'41" WEST 2442.79 FEET ALONG THE WEST LINE OF THE NW} OF SAID SEC. 22 TO A POINT ON THE CENTERLINE OF THE NOW EXISTING COUNTY ROAD; THENCE NORTHEASTERLY 82.68 FEET, ALONG SAID CENTERLINE, ON THE ARC OF A 955.6 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY WITH A LONG CHORD WHICH BE-'.,tS NORTH 4911'18" EAST FOR 82.68 FEET; THENCE NORTH 4642'44" EAST 999.40 FEET,. ALONG SAID CENTERLINE TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 4642!44" EAST 707.10 FEET; THENCE SOUTH 0021'49" BAST' 1089.15 FEET; THENCE NORTH 8850'13" WEST 517.96 FEET; THENCE N0RTH00-21'49" WEST 593.80 FEET TQ THE POINT OF BEGINNING, CONTAINING 10.00 ACRES, MORE OR LESS, INCLUSIVE OF A 40 FOOT COUNTY ROADWAY EASEMENT ON THE NORTH SIDE THEREOF, AND ALSO BEING SUBJECT TO ANY OTHER EASEMENTS OR. RESTRICTIONS OF RECORD. NOTE: THE NORTH LINE OF THE NW}- OF SECTION 22, TOWNSHIP B7 NORTH,' RANGE 40 WEST IS ASSUMED TO BEAU NORTH 8944'53" EAST.

RECETVEarlLED

THE IOWA DISTRICT COURT, SAC COUNTY


DOUGLAS V STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN, AND GWENDOLYN BROWN, Plaintiffs), vs. GARY STENOIEN, Defendant(s). Case No.: EQ-CV-019380 AFFIDAVIT O F ^ SERVICE S
CD

On at 7-V^~ AM / J M J served the within ORIGINAL NOTICE WITH PETITION on GARY STENOIEN, Defendants). Said service was effected at
5

^ ^

in the following manner: ^ Personal Service: By leaving a copy of the ORIGINAL NOTICE WITH PETITION with GARY STENOIEN personally. Q Substitute Service: By leaving a copy ofthe ORIGINAL NOTICE WITH PETITION at the above address which is GARY STENOIEN's usual place of abode, with: , a person of his/her family, or other person residing there, over the age of 13 years who was informed of the contents ofthe ORIGINAL NOTICE WITH PETITION. | | Mailing: On , a copy ofthe ORIGINAL NOTICE WITH PETITION was mailed in a sealed envelope with postage fully prepaid, addressed to GARY STENOIEN at the above address which is his/her usual place of abode. Other:

Addl Comments: Description of person process was left with: Sex: Race: Approx. Age:
X

Height: ^/Z)

Weight:

<i\6 0

Signed and sworn tq^efq


this
\ I

day of
-

^
,

, 20/2,

KELLERMAN FNVESTK rNVESTIGATlONS LTD 1


62034

^T,rT. (Print Name)

618-288-6662

KIMBERLY A. B L O H M OFFICIAL SEAL l?| Notaty Public. Stale oi Illinois My C o m m i s s i o n Expires September 18, 2013

#157874*

III III III

*>

AFFIDAVIT OF SERVICE
State of lowa Case Number: EQ-CV-019380 Petitioner: Douglas V. Stenoien, Lavolla Stenoien, Sheryl Stenoien and Gwendolyn Stenoien vs. Respondent: Gary Stenoien For: Kellerman Investigations, LTD 60 South Main Street Glen Carbon, IL 62034 Received by Kellerman Investigations, LTD to be served on Gary Stenoien, 230 West Wood Street, Barrington, IL 60010. I, Eric S. Blohm, being duly sworn, depose and say that on the 16th day of October, 2012 at 7:15 pm, I: INDIVIDUAL / PERSONAL - served by delivering a true copy of the Original Notice and Petition to: Gary Stenoien at the address of: 230 West Wood Street, Barrington, IL 60010 with the date and hour of service endorsed thereon by me, and informed said person of the contents therein, in compliance with state statutes. Description of Person Served: Age: 50, Sex: M, Race/Skin Color: White, Height: 510, Weight: 200, Hair: Brown, Glasses: N I certify that I am over the age of 18, not party to this action and that I am an Illinois Licensed Private Detective. Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct. County of Sac District Court

Subscribed and Sworn to before me on the 18th day of October, 2012 by the affiant who is personally known to me.

Eric S. Blohm Illinois License #115-001963 Kellerman Investigations, LTD 60 South Main Street Glen Carbon, IL 62034 (618) 288-6662 Our Job Serial Number: STO-2012000968 Ref: 157074

Copyright 1992-2011 Database Services, Inc. - Process Server's Toolbox V6.4x

lllllllllllllllllllllllll

Kellerman Investigations 60 S. Main St. Glen Carbon, IL 62034 618-288-6662

Invoice #: 114128 OurTax Id #: 35-2222438 Date: 10/18/2012

BOERNER & GOLDSMITH L A W FIRM, P.C. 500- 2ND STREET IDA GROVE, IA 51445 INVOICE FOR SERVICE Service #157074: G A R Y STENOIEN DOUGLAS V STENOIEN, L A V O L L A STENOIEN, S H E R Y L STENOIEN, A N D G W E N D O L Y N B R O W N v. G A R Y STENOIEN SERVICE FEE TOTAL CHARGES: BALANCE: Your File# Court Case #: EQ-CV-019380

$100.00 $100.00 $100&

/
1

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN NO. EQCV019380 ;
vs.

Plaintiff, APPEARANCE

GARY STENOIEN, Defendant.

COMES NOW, Joseph E. Haibur, and enters his appearance on behalf of the Defendant herein.

JosephM^albur, AT0003162 621 Nerth Clark Street P. O. Box 375 Carroll, IA 51401 Telephone: (712) 792-1633 Facsimile: (712) 792-1634 j osephehal bur@vahoo. com ATTORNEY FOR DEFENDANT
rr, O c .
iOo

CO

Original filed. Copy to: Laurel L. Boerner Boerner & Goldsmith Law Firm, P.C. 500 2 Street Ida Grove, Iowa 51445
nd

US'

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was ssrved upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on jhe pisadingson Ij K 20.1, By: Overnight Courier rj_ FAX E ma~ile Hand Delivered Certified Mt

CLERK OF COURT 100 NW STATE STREET, SUITE 12 SAC CITY IA 50583

IN THE IOWA DISTRICT COURT FOR SAC COUNTY Notice of C i v i l T r i a l S c h e d u l i n g Conference

JOSEPH EDWARD HALBUR PO BOX 3 75 621 N. CLARK ST. CARROLL IA 514 01


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

In t h e M a t t e r o f : DOUGLAS STENOIEN ET AL VS. GARY STENOIEN Case No: 02811 EQCV019380 A s c h e d u l i n g c o n f e r e n c e w i l l be h e l d on 12/17/12 a t 10:45 AM b e f o r e K e l l i e O r r e s , as D i s t r i c t Court Designee, p u r s u a n t t o I.R.C.P. 1.602. THIS CONFERENCE SHALL BE CONDUCTED BY TELEPHONE CONFERENCE CALL INITIATED BY PLAINTIFF'S COUNSEL. The Court A d m i n i s t r a t o r may be c o n t a c t e d a t (515)574-3752. 1. PARTICIPATION: A l l a t t o r n e y s a p p e a r i n g i n t h e case s h a l l p a r t i c i p a t e i n t h i s c o n f e r e n c e . A p a r t y who i s n o t r e p r e s e n t e d b y c o u n s e l s h a l l c o n t a c t t h e Court A d m i n s t r a t o r ' s o f f i c e p r i o r t o t h e d a t e and time o f t h e conference c a l l . 2. TRIAL SCHEDULING: A f i r m t r i a l d a t e s h a l l be e s t a b l i s h e d i n accordance w i t h t h e Supreme C o u r t ' s time s t a n d a r d s as p r o v i d e d b y Chapter 23, Iowa Court R u l e s . NO CONTINUANCES SHALL BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN. 3. ESTABLISHMENT OF DEADLINES: Each p a r t y s h a l l be p r e p a r e d t o d i s c u s s and agree t o d e a d l i n e s f o r (1) a d d i n g a d d i t i o n a l p a r t i e s ; (2) d i s c l o s u r e o f e x p e r t s ; (3) c o m p l e t i o n o f d i s c o v e r y ; (4) amendments t o p l e a d i n g s ; ( 5 ) f i l i n g of d i s p o s i t i v e motions i n c l u d i n g motions f o r summary judgment; and (6) any o t h e r r e l e v a n t s c h e d u l i n g m a t t e r s . A s c h e d u l e s h a l l n o t be m o d i f i e d except by l e a v e o f c o u r t and t h e showing o f good cause. (I.R.C.P. 1.602(2)(c)) 4. SANCTIONS: I f a p a r t y o r a t t o r n e y f a i l s t o p a r t i c p a t e i n t h e s c h e d u l i n g c o n f e r e n c e o r i s s u b s t a n t i a l l y unprepared t o p a r t i c i p a t e i n t h e c o n f e r e n c e , the Court may impose a p p r o p r i a t e s a n c t i o n s , i n c l u d i n g r e a s o n a b l e expenses and attorney fees. (I.R.C.P. 1.602(5)) Docketed: 12/04/2012

Clerk-Copies t o : Counsel o f r e c o r d P a r t i e s n o t r e p r e s e n t e d by c o u n s e l TSCNO-08/19/08

13

Ul
1

CT

IOWA DISTRICT COURT FOR SAC

COUNTY

rn

too

-T,0

DOUGLAS VALDEMAR STENOIEN LAVOLA STENOIEN SHERYL STENOIEN GWENDOLYN R STENOIENBROWN Plaintiff/Petitioner vs. GARY D STENOIEN Defendant/Respondent.

3:

5
JD

^3

CASE NO: 02811 EQCV019380 TRIAL NOTICE

The above e n t i t l e d m a t t e r i s hereby s c h e d u l e d f o r NON JURY TRIAL on 05/16/13 a t 09:00 AM. 1/2 Day R e a l E s t a t e D i s c o v e r y Due 60 days p r i o r t o t r i a l

K e l l i e Orres Designee o f t h e C o u r t Dated: 12/19/2012 Clerk t o provide copies t o a t t o r n e y s o f r e c o r d and p a r t i e s appearing p r o se. O r i g i n a l t o be f i l e d .

LAUREL L BOERNER JOSEPH EDWARD HALBUR S

.<_

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN, and GWENDOLYN BROWN, Plaintiffs, vs. GARY STENOIEN, Defendant.

Case No. EQCV 019380


r-o

o
Cn

a:
CD
.U

33

J>

< -

CO J

n o
35;'

GARY STENOIEN, a/k/a GARY P. STENOIEN Counterclaim Plaintiff, vs. DOUGLAS V. STENOIEN Counterclaim Defendant.

) )

ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM

COMES NOW the Defendant, Gary Stenoien, and Counterclaim Plaintiff, Gary Stenoien, a/k/a Gary P. Stenoien by counsel of record, Joseph E. Haibur, and states: ANSWER 1. Paragraph 1 of Plaintiffs, Douglas V. Stenoien, Lavolla Stenoien, Sheryl

Stenoien and Gwendolyn Brown (hereafter. Plaintiffs), "Petition In Equity" (hereafter, Plaintiffs' Petition) is admitted.

2.

Paragraph 2 of "Plaintiffs' Petition" is admitted. Defendant Gary Stenoien

affirmatively states he is married to Lorri Ann Stenoien, a/k/a Lorri Ann Reineke and she is an indispensable party to this proceeding. 3. The first sentence of paragraph 3 of "Plaintiffs' Petition" is admitted but the

second sentence is denied. Defendant Gary Stenoien affirmatively states that Tammy Swanson is an indispensable party in these proceedings. 4. 5. Paragraph 4 of "Plaintiffs' Petition" is admitted. The first sentence of paragraph 5 of "Plaintiffs' Petition" is admitted. The

second sentence is admitted as to the deed attached as Exhibit A but denied as to the contract alleged. The third, fourth and fifth sentences are denied. 6. Paragraph 6 of "Plaintiffs' Petition" is denied with two exceptions. First,

Tammy Swanson is a daughter of Douglas V. Stenoien and Lavolla Stenoien, is an indispensable party, and should be a designated party in these proceedings. Second, the real estate described in Plaintiffs' Petition was sold to Gary Stenoien pursuant to a loan received from Farm Credit Services. 7. Paragraph 7 of "Plaintiffs' Petition" is admitted. Defendant Gary Stenoien

affirmatively states that he is married to Lorri Ann Stenoien, a/k/a Lorri Ann Reineke. 8. Paragraph 8 of "Plaintiffs' Petition" is admitted with two exceptions. First,

the language "pursuant to said agreement" is denied. Second, Lorri Ann Stenoien claims her rights of dower, homestead and distributive share in and to the real estate described in Plaintiffs' Petition.

9.

Paragraph 9 of "Plaintiffs' Petition" is denied with the exception that the

language "the rents have been partially used to pay the debt" is admitted. 10. 11. 12. 13. Paragraph 10 of "Plaintiffs' Petition" is denied. Paragraph 11 of "Plaintiffs' Petition" is denied. Paragraph 12 of "Plaintiffs' Petition" is denied. Paragraph 13 of "Plaintiffs' Petition" is denied. AFFIRMATIVE DEFENSES 1. Plaintiffs, Douglas V. Stenoien, Lavolla Stenoien, Sheryl Stenoien, and

Gwendolyn Brown, have failed to state a claim upon which relief can be granted. 2. Plaintiffs, Douglas V. Stenoien, Lavolla Stenoien, Sheryl Stenoien and

Gwendolyn Brown, have not included all indispensable parties as Plaintiffs. 3. Plaintiffs, Douglas V. Stenoien, Lavolla Stenoien, Sheryl Stenoien, and

Gwendolyn Brown have not included all indispensable parties as Defendants. 4. Plaintiffs, Douglas V. Stenoien, Lavolla Stenoien, Sheryl Stenoien, and

Gwendolyn Brown's petition are barred by the equitable doctrine of clean hands. 5. Plaintiffs, Douglas V. Stenoien, Lavolla Stenoien, Sheryl Stenoien, and

Gwendolyn Brown's petition are barred by the equitable doctrine of estoppel. 6. Plaintiffs, Douglas V. Stenoien, Lavolla Stenoien, Sheryl Stenoien, and

Gwendolyn Brown's petition are barred by the equitable doctrine of waiver. WHEREFORE, Defendant Gary Stenoien, a/k/a Gary P. Stenoien, prays that Plaintiffs' Petition be dismissed, that he be awarded attorney fees and expenses from the Plaintiffs, that the court costs of this proceeding be taxed to the Plaintiffs, and that he be

awarded such other and further relief as the Court deems just, necessary or convenient in the premises. COUNTERCLAIM COMES NOW Defendant Gary Stenoien (hereafter. Counterclaim Plaintiff) and in support of his Counterclaim states: 1. Gary Stenoien and Lorri Ann Stenoien, a/k/a Lorri Ann Reineke, are

husband and wife and reside at 230 W. Wood Street. Barrington, Illinois 60010. 2. By "WARRANTY DEED," dated January 20, 2004, Gary became the

owner in fee simple title of two hundred twenty-six (226) acres of real estate located in Sac County, Iowa. Said warranty deed being recorded as Instrument #040164 in the office of the Sac County Recorder on January 24, 2004. 3. Douglas V. Stenoien by Warranty Deed dated July 13, 1998 and filed July

15, 1998 as Instrument #981691 in the Office of the Sac County Recorder and by Warranty Deed dated July 28, 1998 and filed August 13, 1998 as Instrument No. 981939 in the Office of the Sac County Recorder warranted to defend all successors against any claims affecting title. The Petition in this matter is in violation of that warranty. 4. The Court should enter a declaratory judgment affirming the right, title, and

interest of the Counterclaim Plaintiffs in and to the real estate. 5. Pursuant to the "WARRANTY DEEDS" Counterclaimant Douglas V.

Stenoien agreed to defend the real estate against the claim attached. 6. The Counterclaim Defendant should be ordered to reimburse the

Counterclaim Plaintiff for his reasonable attorney fees and the costs of these proceedings.

t
WHEREFORE, Gary Stenoien, a/k/a Gary P. Stenoien, prays for a declaratory judgment confirming his right, title, interest in and to the real estate described, damages, attorney fees and expenses from the Counterclaim Defendant, the court costs of this proceeding be taxed to the Counterclaim Defendant and that they be awarded such other and further equitable relief as the Court deems just and equitable in the premises. Respectfully submitted,

lalbur 621 Worth Clark Street /P0 Box 375 Carroll, Iowa 51401 Telephone: (712)792-1633 Facsimile: (712)792-1634 E-mail: josephehalbur@yahoo.com ATTORNEY FOR GARY STENOIEN, a/k/a GARY P. STENOIEN Original: Copy to: Filed. Laurel L. Boerner Boerner & Goldsmith Law Firm, P.C. 500 2nd Street Ida Grove, Iowa 51445 ATTORNEYS FOR PLAINTIFFS, DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN AND GWENDOLYN BROWN

C E R T I F I C A T E OF S E R V I C E The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings, on [ | H , 2013, by: US Mail Hand Delivered Certified Mail , Signature: Fax Overnight Courier Other

DISTRICT COURT OF IOWA SAC COUHTY FILED

IN THE IOWA DISTRICT COURT FOR SAC COUNTY DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN Plaintiffs vs. GARY STENOIEN, Defendant. * * * * * * * *

23 AM 10*- 36

CASE NO. EQCV019380

REPLY TO AFFIRMATIVE ALLEGATIONS IN THE ANSWER AND AFFIRMATIVE DEFENSES AND REPLY TO COUNTERCLAIM

OMES NOW, fr reply to the affirmative allegations contained in the answer filed by the Defendant in this matter, the Plaintiffs state as follows: 1. Agree that Lorri Ann Reineke and Tammy Swanson may be indispensable parties

in these proceedings. Because of this allegation in the answer, the Plaintiffs will seek to amend the petition to amend them as parties defendant. 2. The Plaintiffs deny the allegation of paragraph 8 of the answer that Lorri Ann

Reineke is entitled to rights of dower, homestead and distributive share because the contract between the parties preceded the granting of a deed to Gary Stenioen. 3. In reply to the affirmative defenses alleged by the Defendants in their answer,

affirmative defenses and counterclaim, the Plaintiffs admit the allegations in paragraph 1, 2 and 3 of the affirmative defenses. The Plaintiffs deny the allegations contained in paragraph 4 of the affirmative defenses and state that they have done nothing to cause the doctrine of clean hands to be applicable in this case. 4. In answer to paragraph 5, the Plaintiffs state that they are not barred by the

equitable doctrine of estoppel since this doctrine should instead prevent the Defendants from claiming the non-existence of the agreement to share the farm real estate.

5.

In reply to paragraph 6, the Plaintiffs state they are not barred by the equitable

doctrine of waiver since they have never waived their rights in this matter and only recently learned of Gary Stenoien's intention to retain the property solely in his own name. WHEREFORE the Plaintiffs pray that the affirmative defenses be denied and that the Plaintiffs be awarded attorney fees and expenses from the Defendants and court costs. IN REPLY TO THE COUNTERCLAIM OF GARY STENOIEN 6. 7. In the allegations contained in paragraph 1 of the counterclaim are admitted. The Plaintiffs admit that a warranty deed was executed to the Defendant Gary Stenioen and was recorded but they deny that the intention of the parties in allowing Gary Stenoien to acquire title to the property was to grant him full and undisputed title to the property. 8. The Plaintiffs deny the allegations contained in paragraph 3 ofthe counterclaim and deny that Douglas V. Stenoien has in any way violated any warranties contained in the warranty deed dated July 28, 1998 or that the assertion of these warranties should affect the proceedings between the parties in any way. Since the allegations of the petition are that Gary Stenoien acquired title to the property by reason of an agreement and contract between the family of Douglas V. Stenoien and himself. 9. 10. 11. Plaintiffs deny the allegations contained in paragraph 4 of the counterclaim. See answer to paragraph 8 of the counterclaim. The allegations contained in paragraph 6 of the counterclaim are denied.

WHEREFORE the Plaintiffs pray that any requested declaratory judgment be denied by the court and that they be awarded attorney fees and expenses from the Defendants and the court

costs of these proceedings.

Respectfully submitted,

Boerner & Goldsmith Law Firm, P. C. 500 2nd Street Ida Grove, Iowa 51445 (712) 364-2421 (712) 364-2619-fax bglf@longlines.com Original Filed Cc: Joseph Haibur, 621 North Clark Street, Box 375, Carroll, IA 51401
CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each ofthe attorneys of record herein at their respective addresses disclosed on the pleadings on \ ~ 2-"22013
By: B - ^ L T S . Mail FAX

Hand Delivered Certified Mail

Overnight Courier Other:

Signature_

IN THE IOWA DISTRICT COURT FOR SAC COUNTY DOUGLAS V. STENOIEN, LAVOLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN Plaintiffs vs. GARY STENOIEN, Defendant. STATE OF IOWA SS COUNTY OF IDA * * * * * * * *

DISTRICT COURT UF I O W A SAC COUN TY 2013 FEB 25 AM ID: CP

CASE NO. EQCV019380

AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION

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

COMES NOW, Douglas V. Stenoien, one of the Plaintiffs involved in this action and states to the court as follows: 1. That the subject matter of this action is an oral contract entered into between myself

and the rest of my children, which includes the Defendant Gary Stenoien, regarding ownership of farm real estate by the family. The ownership of real estate arose from an option that I had to re-purchase the farm real estate, which I allowed by son, Gary Stenoien and my daughter Sheryl Stenoien, to exercise on behalf of the family. In order to carry out this family agreement, financial assistance was given to the family by my daughter, Sheryl Stenoien, one of the Plaintiffs in this action. Gary Stenoien and Sheryl Stenoien met with the financial institution, Farm Credit Services, to accomplish this buy-back. Sheryl Stenoien offered her land as additional collateral for the loan and her land was taken as security by real estate mortgage. Further Sheryl Stenoien signed the promissory note. The agreement was that all brothers and sisters of Defendant would have equal ownership of the land. 2. The parties Plaintiff contend that the agreement has been performed by the

Plaintiffs including Sheryl Stenoien by offering her land as additional security for the buy-back.

3. 4.

The real estate is described in paragraph 4 of the Petition in Equity filed herein. That I just recently discovered, through a newspaper article, listing courthouse

reports, that Gary Stenoien and his wife Lorri A. Reinke have entered into a real estate contract for the sale of part of the land subject to this lawsuit. We have never received any notification from the Defendant Gary Stenoien, or his attorney, that the real estate contract was entered into. It should be noted that the real estate contract was entered into after the filing ofthe Petition in Equity, after the Defendant was served with this action but prior to the filing of Defendant's Answer, Affirmative Defenses and Counterclaim which was filed on January 17, 2013. Further in the Answer, Affirmative Defenses and Counterclaim, the Defendant Gary Stenoien made no mention of the contract or that he had sold the property. 5. That the purpose of the agreement between Gary Stenoien and the rest of the family

members was to retain this portion of the family farm, as this property was previously owned by me and is contiguous with other real estate owned by me and other family members located in Odebolt, Iowa. It is now subject to the terms of the real estate contract which is attached as Exhibit A and made a part hereof as if fully set forth herein. 6. That if the farm is sold, we would be forever barred from ownership unless

equitable action could result in re-transferring the real estate, and the real estate involved is the subject matter of the action that is pending in Sac County District Court. 7. We have received no notice from Gary Stenoien or his attorney regarding the sale

by real estate contract and it is requested that the temporary injunction be issued without the necessity of hearing because of the time limits involved in this matter. A short period of time in which to have a full hearing on the temporary injunction would not prejudice the Defendants in this matter nor their purchasers as the purchasers have been fanning the land and would normally

be farming this property for the 2013 crop year. FURTHER AFFIANT SAITH NAUGHT.

Douglas Sjtenoien Subscribed and sworn to me by Douglas Stenoien on thisjS&^day of February, 2013.

Notary Public
LAUREL L. BOERNER S d k \ CommWon Number 0 0 9 3 3 4 ffi; My OommWon Expires 'SST August'31, 2 0 ^ y

Document 122646
C CONTRACT Date 12/28/2012 Time T o t a l Fees: $37.00 D0V# Nancy L Auen SAC COUNTY RECORDER Pages 6 12:15 PM 730

Real Estate Contract - Short Form


THE IOWA STATE BAR ASSOCIATION Official Form No. 143

Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Joseph E. Haibur, 621 N Clark Street, Carroll, IA 51401, Phone: (712) 792-1633

Taxpayer Information: (Name and complete address) Johnson Bros., a Partnership Reese Johnson, Partner 1690 380th Street, Odebolt, Iowa 51458 ^ Return Document To: (Name and complete address) Joseph E. Haibur P.O. Box 375 Carroll, Iowa 51401 Grantors: Gary Stenoien Lorri Reinke Grantees: Johnson Brothers, a Partnership

Legal description: See Page 2 Document or instrument number of previously recorded documents:
O The km* State Bar Anooation 2006 IOWADOCS*

THE IOWA STATE BAR ASSOCIATION Official Form No. 143

Joseph E. Haibur

FOR THE LEGAL EFFECT OF THE USC OF TMS FORM, COM8ULT YOUR LAWYER

m
("Sellers"); and ("Buyers").

REAL ESTATE CONTRACT


(SHORT FORM) Gary Stenoien and Lorri A. Reinke, husband and wife

IT IS AGREED between

Johnson Bros., a Partnership

Sellers agree to sell and Buyers agree to buy real estate in County, lowa, described as:

Sac County

NW Frl 1/4 NE Frl 1/4; Lot A NE Frl 1/4 NE Frl 1/4; Lot A SE 1/4 NE Frl 1/4; That part of Lot A SW1/4 NE Frl 1/4 that lies North ofthe North line of Lot A ofthe SE 1/4 of NW Frl 1/4 if said North line was extended straight East (approximately 78 acres, more or less). All in Section 4, Township 86 North, Range 38 West ofthe 5th P.M, Sac County lowa

with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways; and d. (consider liens; mineral rights; other easements; interest of others.) (the 'Real Estate"), upon the following terms: 1. PRICE. Thetotalpurchase price for the Real Estate Is ; Dollars ($ or as directed by Sellers, as follows:

*SEE AS FOLLOWS* Dollars ($ ) of which

) has been paid. Buyers shall pay the balance to Sellers at.

$13,000.00 per net acre purchased. The parties understand that both parties need to survey the properties before closing. The parties are expecting a net purchase of 78 acres more or less. $50,000.00 down as set forth below. The balance the later of delivery of abstract showing merchantable title by both parties or March 1, 2013.

C The lows Stat. Bar Aoc>jitxxi 2009 IOWADOCS*

143 REAL ESTATE CONTRACT (SHORT FORM) Reused June 2009

2. INTEREST. Buyers shall pay interest from on the unpaid balance, at the rate of percent per annum, payable . Buyers shall also pay interest at the rate of percent per annum on all delinquent amounts and any sum reasonably advanced by Sellers to protect their interest in this contract, computed from the date of the delinquency or advance.

ffif^thl^dftie fiscal S u ^ S f l l f r e a l estate taxes


and any unpaid real estate taxes payable in prior years. Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. 4. SPECIAL ASSESSMENTS. Setters shall pay aM special assessments which are a Hen on the Real Estate as of the date of this contract or . All other special assessments shall be paid by Buyers. 5. POSSESSION CLOSING. Sellers shall give Buyers possession of the Real Estate on 12-28-2012 provided Buyers are not In default under this contract Closing shall be on . 6. INSURANCE. Sellers shall maintain existing insurance upon the Real Estate until the date of possession. Buyers shall accept insurance proceeds instead of Sellers replacing or repairing damaged improvements. After possession and until full payment of the purchase price, Buyers shall keep the Improvements on the Real Estate insured against loss by fire, tornado, and extended coverage for a sum not less than 80 percent of full insurable value payable to the Sellers and Buyers as their interests may appear. Buyers shall provide Sellers with evidence of such insurance. 7. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of this contract and deliver it to Buyers for examination. It shall show merchantable title in Sellers In or conformity with this contract, lowa law and the Title Standards of the lowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full, however, Buyers reserve the right to occasionally use the abstract prior to full payment of the purchase price. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Seders or their assignees. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider rental items.) 9. CARE OF PROPERTY. Buyers shall take good care of Ihe property; shall keep the buildings and other improvements now or later placed on the Real Estate in good and reasonable repair and shall not injure, destroy or remove the property during the term of this contract. Buyers shall not make any material alteration to the Real Estate without the written consent of the Sellers. 10. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers or their assignees, by W a r r a n t y deed, free and clear of all liens, restrictions, and encumbrances except as provided herein. Any general warranties of title shall extend only to the date of this contract, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 11. REMEDIES OF THE PARTIES, a. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such Hems become delinquent; or (c) fail to keep the property Insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of lowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or Improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or falling to do so may be treated as tenants holding over, unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. b. If Buyers fall to timely perform this contract. Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, If any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take Immediate possession of the property and of the revenues and income accruing therefrom end to rent or cultivate the same as the receiver may deem best for the interest of all parlies concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and In the event of the foreclosure of this contract and sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of lowa shall be reduced to six (6) months provided the Sellers, in such action fHe an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the lowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the lowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate Is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period Is so reduced, Buyers or their successors in Interest or the owner shall have the exclusiverightto redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the lowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with an of the provisions of Chapter 628 of the lowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the lowa Code. Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law.

c. If Sellers fail to timely perform their obligations under this contract. Buyers shall have the right to terminate this contract and have all payments made returned to them. d. Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them. e. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attorney's fees and costs as permitted by law. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding this contract, hoW title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full right of survivorship and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 10. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, If not a uHehoider immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the lowa Code and agrees to execute the deed for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. PERSONAL PROPERTY. If this contract includes the sale of any personal property, Buyers grant the Sellers a security interest in the personal property and Buyers shall execute the necessary financing statements and deliver them to Sellers. 16. CONSTRUCTION. Words and phrases in this contract shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 17. RELEASE OF RIGHTS. Each of the Sellers hereby relinquishes aB rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 18. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged In this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, Indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT.

Dated:

/ I ^ M ' T P Johnson Bros, a Partnership


BUYERS

Dated:

/ 2 ~ ^fl ~ /A

'TQUL^L

d^n<^

P"~^
BUYERS

By: Reese Johnson^artner

19. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the provisions set forth ln Paragraph A shall be deemed selected. A. Seller represents and warrants to Buyer that the Property Is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. B. Tho Proporty io oorvod by o privoto oowoflO dtopoool oyotom, or thoro io o privoto oowogo disposal oyotom on tho Property Sollor ond Buyer agroo to tho provision ootoctod in tho attached Addendum far Inspection of Private Sown90 Dicpocal System, C. Sollor ond Buyer agroo thot thie tronooobon IS oxompt from tho Unw of tronotor incpootfon roqulromonto by roooon that

20. ADDITIONAL PROVISIONS.

See 1 in Addendum

STATE O F l L L D N O l S This instrument was acknowledged before me on

Gary Stenoien and Lorri Reinke


Notary Public C^CIALSEAL

DONNA M DEMCHUK
NOTARY PUBLIC. STATE OFjLUHOtS

My C-nfflMon b*m OWHtn

INDIVIDUAL NOTARY STATE OF IOWA , COUNTY OF SAC , by Johnson

The instrument was acknowledged before me on D e c e m b e r ^^,2012 Bros, a Partnership bv Reese Johnson. Partner
'"/,_> ComrnJMton Number 131064 '_;TL" MyCommtotlon Expiree April 13, 20_i__

"*? ** JILL K SAUNDERS

, Notary Public

STATE OF

_, COUNTY OF _. by_

The instrument was acknowledged before me on

, Notary Public CORPORATE NOTARY STATE OF , COUNTY OF ,

The instrument was acknowledged before me on by as

of

, Notary Public

STATE OF

COUNTY OF

The instrument was acknowledged before me on by : as of

, Notary Public

Addendum
1. Buyers are transferring to Sellers real estate roughly described as follows and shall be given a credit for $13,000.00 per acre for the property transferred back to Sellers. That part ofthe SE 1/4 NW Frl 1/4 lying NE ofthe North ofthe Lot A SE 1/4 NW Frll/4 if the North line of said Lot A was extended straight East ALL L n Section 4, Township 86 North, Range 38 West ofthe 5th P.M, Sac County Iowa, approximately one-half acre, more or less. Buyers shall pay $13,000.00 per acre, less the down payment, for the net total acres transferredfromSellers to Buyers after credit for the acres transferredfromBuyers to Sellers. Simultaneously with the execution of this Contract, Sellers have assigned $400,000.00 of the purchase price for this property to Filodendron, Inc. by Nicholas E. Haibur, President c/o Thompson Law Office, PC, LLO, 13906 Gold Circle, Suite 201, Omaha, NE 68144 Telephone (402) 330-3060 ext 117; Facsimile (402) 206-2221; Email nick@thompson.law.pro; acting as a Qualified Intermediary for Sellers. The parties have executed simultaneously herewith a Deferred Exchange Agreement with Filodendron Inc. $40,000.00 ofthe down payment shall be paid immediately to Sellers and $10,000.00 shall be paid immediately to the Qualified Intermediary, Filondendron, Inc. on December 29, 2012 Sellers duty to perform this contract is subject to their ability to deliver abstract showing merchantable title. Each party shall pay for any surveying and abstracting on the properties they are transferring.

DISTRICT COURi Ur IOWA SAC COUNTY

IN THE IOWA DISTRICT COURT FOR SAC COUNTY DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN Plaintiffs vs. GARY STENOIEN, Defendant. * * * *
*

FILED 2013 FEB 25 AH 1 0 = 09

CASE NO. EQCVO 19380

*
*

PETITION FOR INJUNCTION

* *

COMES NOW, the Plaintiffs and for Petition for Injection, states as follows: 1. That the action in this matter is an action to determine ownership of real estate

legally described in the Petition in Equity at paragraph 4. The Defendant, Gary Stenoien, was served with notice in this matter on October 16, 2012 and after requests for continuance of time to file the answer in this matter, which were granted by the Plaintiffs' attorney to the Defendant's attorney, Joseph E. Haibur, an Answer, Affirmative Defenses and Counterclaim was filed by the Defendant on or about January 17, 2013. 2. The action requested a determination by the Court as to whether an oral contract

regarding ownership of the real estate should be honored and ownership transferred to the Plaintiffs and the Plaintiffs' children and whether a constructive trust should be established on the real estate. 3. The basis's for the Petition for Injunction are stated in Iowa Rule of Civil Procedure

1.1502(1) and 1.1502(2) as the sale of the real estate would greatly or irreparably injure the Plaintiffs and the sale of the property would violate the other party's rights respecting the subject of the action intending to make the judgment ineffectual. 4. Unbeknownst to the Plaintiffs the Defendant entered into a real estate contract for

sale of part of the property which is subject matter of this suit on December 28, 2012 which real

-V

estate contract was never revealed or disclosed to the Plaintiffs by the Defendant or his attorney, which real estate contract was filed in Sac County on December 28, 2012, again without notice to the Plaintiffs. The real estate contract provides for a purchase by Johnson Brothers from Gary Stenoien and Lorri A. Reinke, husband and wife, of the land which is the subject matter of this lawsuit. The contract has a proposed closing date of March 1,2013. 4. That the Court should issue a temporary injunction in this matter until a full hearing

may be held on the matter of injunction which temporary injunction should either be issued without notice to the Defendant or with whatever notice the court determines to be appropriate. WHEREFORE it is prayed, that the Court, without hearing, issue a temporary injunction in this matter restraining the Defendant, Gary Stenoien, from proceeding with the real estate contract and closing said contract on or about March 1, 2013. Respectfully submitted,

Laurel L. Boerner AT0001050 Boerner & Goldsmith Law Firm, P.C. 500 Second Street Ida Grove, IA 51445 (712) 364-2421 (712) 364-2619-fax bglf@longlines.com Attorney for Petitioner Original to: Joseph Haibur

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on ,2013

By: E^TlsTtvlail
Signatun Hand Delivered Certified Mail

FAX Overnight Courier Other:

IN THE IOWA DISTRICT COURT FOR SAC COUNTY DOUGLAS STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN, AND GWENDOLYN BROWN, Plaintiffs, Vs. GARY STENOIEN, Defendant. Petition for Injunction comes before the Court. The Court No. EQCV019380 ORDER

determines that a phone conference regarding the matter should be held. ORDER IT IS THEREFORE ORDERED that a phone conference shall be held on February 27, 2013, at 10:00 a.m. Laurel Boerner, attorney for Plaintiffs, shall be responsible for arranging for the conference call. The Court will be at 712-792-9685. If attorney Haibur is not at his office, he shall provide attorney Boerner with his telephone number. Dated this 26th day of February, 2013.

GARY L. McMINIMEE District Court Judge Clerk to provide copies to? Laurel Boerner ^-/hAi. IJLJ Joseph Haibur J ^ J ^ J

02/27/2013 09:48

17127921634

JOSEPH HALBUP

PAGE

02/02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN NO. EQCVO19380 Plaintiffs, vs. GARY STENOIEN, Defendant. ORDER

r-o

-n

ro cn

>

The Petition for Injunction comes before the Court. Plaintiffs orally withdraw and dismiss the Petition for Injunction without prejudice. Defendant voluntarily agrees to gi ve Plaintiffs 10 days notice during the pendency of this action before the closing of the Real Estate Contract attaobed to the Petition for Injunction. IT IS SO ORDERED.

Judge, Second Judicial District oflowa

L/l d

8 2 6 2 2 9 9 2 1 2 L

8 2 ^ 2 6 2 2 L 2

32/27/2813 89:48

1712792K34

JOSEPH HALBUR

PAGE 02/62

IN THE IOWA DISTRICT COURT FOR SAC COUNTY DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN NO. EQCV019380 Plaintiffs, vs. GARY STENOIEN, Defendant. ORDER
m ro
CD

O Vt I

ro
3>-H

ZK
JD CO \JD

The Petition for Injunction comes before the Court. Plaintiffs orally withdraw and dismiss the Petition for Injunction without prejudice. Defendant voluntarily agrees to give Plaintiffs 10 days notice during the pendency of this action before the closing of the Real Estate Contract attached to the Petition for Injunction. IT IS SO ORDERED.

Judge, Second Judicial District of lowa C apt


eJ

'b* *

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DISTRICT COURT O F I O W A FILED

2 0 1 3H A R
DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN Plaintiffs, vs. GARY STENOIEN, Defendant. : : : : NO. EQCVO19380 : DESIGNATION OF EXPERT WITNESS

, n :

U U

COMES NOW the Defendant in the above entitled matter and designates the following expert: John C. Werden Eich, Van Dyke & Werden Law Firm PLLC 815 North Main Street P.O. Box 851 Carroll, IA 51401 (712) 792-3434 Telephone (712> 792-7770 Facsimile . John is an attorney who will read the abstr: of the title. Joseph 621 P. OSBbx 375 Carroll, IA 51401 Telephone: (712)792-1633 Facsimile: (712)792-1634 iosephehalbur(g),yahoo.com ATTORNEY FOR DEFENDANT Original filed. Copy to: Laurel L. Boerner . Boerner & Goldsmith Law Firm, P.C. 500 2 Street Ida Grove, Iowa 51445
nd

n opinion as to the status

U Hand Delivered =*.... Certified Mail f Signature Vv4fl

E-FILED 2013 APR 04 11:44 AM SAC - CLERK OF DISTRICT COURT

In the Iowa District Court in and for SAC County Case No: 02811 EQCV019380 Title: DOUGLAS STENOIEN ET AL VS. GARY STENOIEN

NOTICE REGARDING ELECTRONIC FILING


This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System.

What is required of you? You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register.

You are required to have a current e-mail account for use with EDMS. Registration requires you to understand and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documents and documents filed electronically by other parties. When you have completed your registration, you can begin filing and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption from registering and filing electronically.

You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System specifies personal information that is now considered protected by the court, as well as what you must do to keep protected personal information out of the public documents you eFile.

Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have questions about court procedures related to electronic filing, contact your county clerk of court office.

E-FILED 2013 APR 04 11:44 AM SAC - CLERK OF DISTRICT COURT

We look forward to your comments and suggestions as we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial District In re the conversion of paper files to electric documents Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending files that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. 2. 3. 4. 5. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically.

It is so Ordered: Dated 3rd day of November, 2010 /s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

Recipient List Case ID : 02811 EQCV019380 - DOUGLAS STENOIEN ET AL VS. GARY STENOIEN E-FILED 2013 APR 04 11:44 AM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT LAUREL L BOERNER filed

E-FILED 2013 APR 04 11:44 AM SAC - CLERK OF DISTRICT COURT

In the Iowa District Court in and for SAC County Case No: 02811 EQCV019380 Title: DOUGLAS STENOIEN ET AL VS. GARY STENOIEN

NOTICE REGARDING ELECTRONIC FILING


This case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System.

What is required of you? You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register.

You are required to have a current e-mail account for use with EDMS. Registration requires you to understand and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documents and documents filed electronically by other parties. When you have completed your registration, you can begin filing and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption from registering and filing electronically.

You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System specifies personal information that is now considered protected by the court, as well as what you must do to keep protected personal information out of the public documents you eFile.

Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have questions about court procedures related to electronic filing, contact your county clerk of court office.

E-FILED 2013 APR 04 11:44 AM SAC - CLERK OF DISTRICT COURT

We look forward to your comments and suggestions as we implement electronic filings in the Iowa Courts

In The Iowa District Court for the Second Judicial District In re the conversion of paper files to electric documents Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending files that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. 2. 3. 4. 5. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically.

It is so Ordered: Dated 3rd day of November, 2010 /s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

Recipient List Case ID : 02811 EQCV019380 - DOUGLAS STENOIEN ET AL VS. GARY STENOIEN E-FILED 2013 APR 04 11:44 AM SAC - CLERK OF DISTRICT COURT Event Cd : NOOT LAUREL L BOERNER filed

E-FILED 2013 APR 04 2:05 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 04 2:05 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 04 2:05 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 04 2:05 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 04 2:05 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 04 2:05 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 09 9:07 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY DOUGLAS V. STENOIEN, LAVOLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN, Plaintiff , ). GARY STENOIEN, D!f!ndant. ) ) ) ) ) ) ) ) ) ) )

Ca ! N". E#CV$%&'($ ORDER

The plaintiffs have filed an application to amend their petition to include Lorri Ann Stenoien, a/k/a Lorri Ann Reineke, as a defendant, and Tammy Swanson as a defendant. The plaintiffs have requested that the matter be set for hearin . IT IS ACCORDINGLY ORDERED that the plaintiffs! application to amend shall come before the "ourt for hearin on *a+ ,, -$%', at %.'$ /.0. in the "ourtroom of the Sac "ounty "ourthouse, Sac "ity, #owa.

Cl!12 t" P1")id! C"/i! t"$ "ounsel of Record %nrepresented &arties

E-FILED 2013 APR 09 9:07 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number EQCV019380 OTHER ORDER Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN So Ordered

Electronically signed on 2013-04-09 09:07:16

page 2 of 2

E-FILED 2013 APR 22 1:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 22 1:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 23 10:00 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY _____________________________________________________________________ _________ DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN "#a$n%$&&, '(. GARY STENOIEN, LORRI ANN REINE)E and TA**Y SWANSON : : NO. EQCV019 !0 : : : ORDER

: D+&+ndan%(. : _____________________________________________________________________ __________ T,$( -a%%+. /0-+( 1+&0.+ %,+ C02.% 0n "#a$n%$&&3( A44#$/a%$0n %0 A-+nd "+%$%$0n %0 add add$%$0na# 4a.%$+(. B0%, 0& %,0(+ 4a.%$+( ,a'+ a5.++d %0 '0#2n%a.$#6 a44+a. and $--+d$a%+#6 &$#+ .+(40n($'+ 4#+ad$n5(. IT IS THEREFORE ORDERED %,a% %,+ A44#$/a%$0n %0 A-+nd+d $( a44.0'+d a( &$#+d. "#a$n%$&&3( *0%$0n &0. C0n%$n2an/+ 0& %,+ %.$a# $( 5.an%+d and %,+ 4a.%$+( a.+ 0.d+.+d %0 /0n%a/% %,+ C02.% Ad-$n$(%.a%0. 7$%,$n %+n 8109 da6( and 01%a$n a n+7 %.$a# da%+.

E-FILED 2013 APR 23 10:00 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number EQCV019380 OTHER ORDER Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN So Ordered

Electronically signed on 2013-04-23 10:00:05

page 2 of 2

E-FILED 2013 APR 23 10:00 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY _____________________________________________________________________ _________ DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN "#a$n%$&&, '(. GARY STENOIEN, LORRI ANN REINE)E and TA**Y SWANSON : : NO. EQCV019 !0 : : : ORDER

: D+&+ndan%(. : _____________________________________________________________________ __________ T,$( -a%%+. /0-+( 1+&0.+ %,+ C02.% 0n "#a$n%$&&3( A44#$/a%$0n %0 A-+nd "+%$%$0n %0 add add$%$0na# 4a.%$+(. B0%, 0& %,0(+ 4a.%$+( ,a'+ a5.++d %0 '0#2n%a.$#6 a44+a. and $--+d$a%+#6 &$#+ .+(40n($'+ 4#+ad$n5(. IT IS THEREFORE ORDERED %,a% %,+ A44#$/a%$0n %0 A-+nd+d $( a44.0'+d a( &$#+d. "#a$n%$&&3( *0%$0n &0. C0n%$n2an/+ 0& %,+ %.$a# $( 5.an%+d and %,+ 4a.%$+( a.+ 0.d+.+d %0 /0n%a/% %,+ C02.% Ad-$n$(%.a%0. 7$%,$n %+n 8109 da6( and 01%a$n a n+7 %.$a# da%+.

E-FILED 2013 APR 23 10:00 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number EQCV019380 OTHER ORDER Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN So Ordered

Electronically signed on 2013-04-23 10:00:05

page 2 of 2

E-FILED 2013 APR 23 3:13 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 23 3:13 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 23 3:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 23 3:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 23 3:25 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 23 3:25 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 23 3:25 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 23 3:25 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 23 3:25 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 30 10:59 AM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS VALDEMAR STENOIEN LAVOLA STENOIEN SHERYL STENOIEN GWENDOLYN R STENOIENBROWN ,

Case No: 02811 EQCV019380 Trial Notice

Plaintiff / Petitioner, vs. LORRI ANN STENOIEN TAMMY SWANSON GARY D STENOIEN ,

Defendant / Respondent.

The above entitled matter is hereby scheduled for non-jury trial on 07/03/13 at 09:00 AM . 1 DAY -Discovery Due 60 days prior to trial

/s/ Kellie Orres ----------------------------------Designee of the Court

Clerk to provide copies or notice of this document to attorneys of record, parties appearing pro se and assigned judge.

E-FILED 2013 APR 30 10:59 AM SAC - CLERK OF DISTRICT COURT

Docket Code = OSTR

Recipient List Case ID : 02811 EQCV019380 - DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL E-FILED 2013 APR 30 10:59 AM SAC - CLERK OF DISTRICT COURT Event Cd : OSTR JOSEPH EDWARD HALBUR LAUREL L BOERNER filed filed

E-FILED 2013 MAY 06 3:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 06 3:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 06 3:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 06 3:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 06 3:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 06 3:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 06 3:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 06 3:21 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 07 1:42 PM SAC - CLERK OF DISTRICT COURT

Notice ID: 2RCV19

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS VALDEMAR STENOIEN LAVOLA STENOIEN SHERYL STENOIEN GWENDOLYN R STENOIENBROWN , Plaintiff, vs. LORRI ANN STENOIEN TAMMY SWANSON GARY D STENOIEN , Defendant.

Case No. 02811 EQCV019380

ORDER

The Plaintiff has filed a Motion to Amend Petition. The granting of leave to amend is the rule and the denial thereof the exception. IT IS, THEREFORE, THE ORDER OF THE COURT as follows: 1. The Motion for Leave to Amend is granted. 2. The Petition is deemed amended in the form filed with the Motion to Amend Petition.

1 of 2

E-FILED 2013 MAY 07 1:42 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number EQCV019380 Type: Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL OTHER ORDER So Ordered

Electronically signed on 2013-05-07 13:42:02

2 of 2

E-FILED 2013 MAY 08 10:45 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY DOUGLAS V. STENOIEN, et al., Plaintiff, !". GA() STENOIEN, et al., Defen$ant". ) ) ) No. EQCV0193 0 ) ) O#$e# ) Settin% Ti&e of 'ea#in% )on *otion fo# S+&&a#, -+$%&ent ) )

T.e Defen$ant" .a!e file$ a *otion fo# S+&&a#, -+$%&ent /O#al A#%+&ent (e0+e"te$). T.e Co+#t fin$" t.at .ea#in% ".o+l$ 1e "et. O(DE( IT IS T'E(E2O(E O(DE(ED t.at .ea#in% +3on t.e a1o!e &atte# i" "et fo# June 3, 2013 at 11:30 a.m. in the c u!t! C unt$ C u!th u%e, Je""e!% n, I &a. m " the #!eene

Cle#4 to fo#5a#$ 6o3ie" to7 -o"e3. E. 'al1+# La+#el 8oe#ne#

E-FILED 2013 MAY 08 10:45 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number EQCV019380 OTHER ORDER Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL So Ordered

Electronically signed on 2013-05-08 10:45:22

page 2 of 2

E-FILED 2013 MAY 20 9:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 20 9:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 20 9:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 20 9:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 20 9:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 20 9:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY ________________________________________________________________________ ) ) Case No. EQCV 019380 ) Plaintiffs, ) ) vs. ) ) DEFENDANT'S REPLY TO GARY STENOIEN, et al. ) PLAINTIFF'S MEMORANDUM OF ) AUTHORITIES Defendants. ) ) ________________________________________________________________________ DOUGLAS V. STENOIEN, et al., COMES NOW the Defendants, by counsel of record, Joseph E. Halbur, and for "Defendant's Reply To Plaintiff's Memorandum Of Authorities" state: Additions To Statement Of The Case On May 20, 2013, the Plaintiffs filed "Plaintiff's Memorandum Of Authorities." No written resistance to "Defendant's Motion For Summary Judgment" was filed. No "Statement Of Disputed Facts" was filed. On May 28, 2013, the Defendant's filed "Defendant's Reply To Plaintiff's Memorandum Of Authorities." Hearing on "Defendant's Motion For Summary Judgment is set for June 3, 2013 at 11:30 a.m. in the courtroom of the Greene County Courthouse, Jefferson, Iowa. Statement Of Facts Plaintiff's and Defendant's disagree on whether the facts are in dispute. Paragraph 5 of "Defendant's Motion For Summary Judgment" states: "No 'Statement Of Undisputed Facts' is filed in support of this motion because, for purposes of this motion, the facts are

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

not disputed" (i.e., for purposes of the motion, Defendant's accept the facts pled in Plaintiff's "Amended Petition In Equity" to be true). In the first unnumbered paragraph of "Plaintiff's Memorandum Of Authorities" "Statement Of Facts," Plaintiff states "It is the Plaintiff's position that many of the facts are in dispute and the correct disposition of the disputed issues can only be determined at time of trial." However, NOWHERE in "Plaintiff's Memorandum Of Authorities" do the Plaintiff's cite to any facts that are in dispute.1 In the second unnumbered paragraph of Plaintiff's "Statement Of Facts," Plaintiff's state "The Plaintiff's contend that the [facts] of this case, which they feel are not disputed2, are as follows:"3

The absence of a genuine issue of fact, for whatever reason, justifies the entry of summary judgment for the moving party. Bauer v. Stern Finance Co., 169 N.W.2d 850, 854 (Iowa 1969). Cf. Dotson v. Delta Consolidated Industries, Inc., 251 F.3d 780, 781 (8th Cir. 2001)(A party may not create a question of material fact to forestall summary judgment.) Accordingly, under the burden shifting process of Iowa's summary judgment rule, Defendant's have sustained the burden on them to show the nonexistence of a genuine issue of material fact. See Iowa R. Civ. P. 1.981(3); McMurray v. City Council, 642 N.W.2d 273, 276 (Iowa 2002).
2

Once the party moving for summary judgment has carried it's burden, the party opposing summary judgment cannot rest upon the mere allegations or denials in the pleadings but must set forth specific material facts in dispute showing that there is a genuine issue of fact for trial. Iowa R. Civ. P. 1.981(5); James v. Swiss Valley Ag. Service, 499 N.W.2d 886, 888 (Iowa App. 1989). Even though required by Iowa R. Civ. P. 1.981, the Plaintiffs do not cite to the summary judgment record (i.e., affidavits on file, depositions on file, admissions in the pleadings, answers to filed interrogatories and admissions on file) to support their claim the facts are not in dispute.
3

Defendant's will specifically note where the summary judgment record substantiates Plaintiff's claims of undisputed facts and, more importantly, when Plaintiff's attempt to inject facts into the record which are not a part of the summary judgment record. 2

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

"The Plaintiff Douglas V. Stenoien previously owned the real estate described in this case [Amended Petition In Equity, para. 5]. [On July 13, 1998] he sold the real estate to third parties, which sale contained a provision that Douglas Stenoien could repurchase until July 28, 2003. This repurchase agreement was extended to December 1, 2003 [Petition In Equity, para. 6]. Prior to July 28, 2003 and within approximately the six months prior to that date [i.e., January 28, 2003], the Doug Stenoien family members (consisting of Douglas Stenoien, LaVola Stenoien, Sheryl Stenoien, Gwendolyn Brown and possibly some of the other siblings) had meetings and conversations whereby it was agreed that Gary Stenoien would proceed to exercise on behalf of the family the repurchase option with the understanding that the children of Douglas V. Stenoien would end up owning the property in equal shares. [Petition In Equity, para. 7] [On January 20, 2004], Gary D. Stenoien repurchased the property from the third parties. [Petition In Equity, para. 8] [On January 19, 2004], pursuant to discussions with Farm Credit Services, a loan was obtained by Gary Stenoien and Lorri Reinke. Part of the agreement between the parties and with Farm Credit Services was that Sheryl Stenoien, one of Douglas V. Stenoien's other children, would offer as security her real estate located in the vicinity of the property that was being purchased. The final loan meeting with Farm Credit Services occurred at the Douglas V. Stenoien home in Odebolt, Iowa and was attended by Douglas Stenoien, LaVola Stenoien, Sheryl Stenoien, Gary Stenoien, and Lorri Reinke and possibly other family members. This loan meeting occurred on January 19, 2004 and as additional security for the loan, Farm Credit Services did take the property of Sheryl Stenoien as collateral and had her execute the mortgage. [Petition In Equity, para. 9] Over the intervening years there continued to be discussions within the family over the balance owing on the mortgage and other topics related to the farm that had been purchased in the name of Gary Stenoien and Lorri Reinke. Gary Stenoien kept asking over the years if the Hardin County farm had been sold.4

This entire paragraph does not comport with what was actually pled which is "All parties contemplated that the rents from the property would be applied to principal and interest on the loan and once the loan was paid off that title would be in the children equally. Since the time of purchase the rents have been partially used to pay the debt, but, Plaintiff's have reason to believe Gary Stenoien has used part of the rents personally." "Petition In Equity, para. 10." 3

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

On or about December 1, 2011, Douglas Stenoien had a conversation with his son, Gary Stenoien, in which he again inquired about the loan balance on the property and Gary Stenoien became angry and would not share this information with his father.5 Prior to this occasion, on Thanksgiving of 2011, during a family gettogether, Tammy Swanson had become argumentative and was screaming and yelling that she and Gary Stenoien had obtained a lawyer regarding the farm real estate. Shortly after the meeting on December 1, 2011, it became apparent to Douglas V. Stenoien, LaVola Stenoien, Sheryl Stenoien and Gwendolyn Brown that Gary Stenoien was now claiming that the property purchased was his alone and that the other family members had no interest in the property. One of the indications that this was his intention was the fact that he obtained a release from Farm Credit Services of his sister, Sheryl Stenoien's land from the lien of the mortgage without her consent, approval or knowledge. After Gary Stenoien had received Sheryl Stenoien's name from the loan he ceased talking to the other family members about the farm and the present action was filed."6 (Plaintiff's "Statement Of Facts," unnumbered pp. 1 through 3, unnumbered paras. 3 through 7). Accordingly, as Plaintiff's have failed to carry their burden of showing there are genuine disputed material facts for purpose of "Defendant's Motion For Summary Judgment," the District Court in ruling on "Defendant's Motion For Summary Judgment" should not find there is a dispute of material fact.

This entire paragraph does not comport with what was actually pled which is "That Gary Stenoien has now indicated to Plaintiff's that he will not recognize the former agreement of the parties and is claiming the real estate as his own." "Petition In Equity, para. 11."
6

None of the information set forth in this paragraph is supported by the pleadings or any of the named persons who could file an affidavit.

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

Discussion7 Plaintiff's claim for relief is based on an oral agreement of January 28, 2003 to keep real property previously owned by Douglas Stenoien in the family. On January 19, 2004, Douglas Stenoien repurchased the real property and gave a mortgage on the real property to Farm Credit Services. As part of the oral agreement, "All parties

contemplated that the [since the repurchase and mortgage] that the rents from the property would be applied to principal and interest on the loan and once the loan was paid off that title would be in the children [of Douglas and LaVola Stenoien] equally. [However] since the time of repurchase [January 19, 2004] the rents have been partially used to pay the debt, but, Plaintiff's have reason to believe Gary Stenoien has used part of the rents personally." Issue I: On Their Affirmative Defense Of Iowa's Statute of Frauds 8, The Defendants Are Entitled To Summary Judgment As A Matter Of Law.
7

After reviewing each parties burden, the District Court examines the entire summary judgment record in a light most favorable to the party opposing summary judgment to determine for itself whether there are any genuine issue of material fact. Evans v. McComas-Lacina Construction Co., 641 N.W.2d 841, 843 (Iowa 2002). When doing so, the District Court does not weigh the summary judgment evidence but rather inquires whether a reasonable jury faced with the same evidence could return a verdict for the party opposing summary judgment. Meade v. Ries, 642 N.W.2d 217, 241 (Iowa 2002). A fact issue does not arise simply from the claim that one exists. Humphries v. Trustees of Methodist Episcopal Church of Cresco, Iowa, 566 N.W.2d 869, 872 (Iowa 1997). If the District Court finds that there is no fact issues, the District Court then determines whether the moving party is entitled to summary judgment as a matter of law. Iowa R. Civ. P. 1.981(3).
8

The impact of Iowa's statute of frauds is not to void a contract but to render any competent oral proof of it's existence. Recker v. Gustafson, 279 N.W.2d 744 (Iowa 1979). The purpose of the statute of frauds is to defeat objectives of fraud and perjury and prevent proof of oral contracts for transfer of interests in land and matters claimed as 5

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

In the second unnumbered paragraph of "Plaintiff's Memorandum Of Authorities" "Discussion Of Law" Plaintiff's state: "As Defendant's indicate in their brief, this [statute of frauds defense] is a rule of evidence and Plaintiff's would argue that evidentiary issues should only be decided at trial after presentation of all evidence." As previously noted, Plaintiff's offered no affidavits to support their claimed evidentiary issues. Further, Plaintiff's cite no authority for their argument. They can't. The use of the affirmative defense of statute of frauds is used and ruled on in summary judgment proceedings. More importantly, apparently recognizing the error of their argument, in "Plaintiff's Memorandum Of Authorities" "Discussion Of Law" Plaintiff's state: "Even if Defendant's can raise the statute [of frauds defense] in a summary judgment motion, the Plaintiff's contend: a) that part of the contract is in writing; and b) that the contract is outside of the statute because of partial performance." As to Plaintiff's contention: "a) that part of the contract is in writing" this is a new allegation, not supported by the pleadings and in contradiction of paragraph 12 of Plaintiff's "Amended Petition In Equity" which states: "The agreement, although oral is valid and binding between the parties because of the consideration given for said agreement and the partial performance of the agreement. Douglas Stenoien gave consideration for the agreement by relinquishing his right to repurchase. Sheryl Stenoien has given consideration for the agreement by signing the note and giving security. The agreement has been partially performed by the parties both by carrying out the agreement and by Sheryl Stenoien's performance."

part performance, consideration or purchase money by mere words only. Fairall v. Arnold, 285 N.W. 664 (Iowa 1938). Purpose of statute of frauds is to remove temptation to perjury and protect innocent parties against consequences thereof. Leytham v. McHenry, 228 N.W. 639 (Iowa 1930). 6

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

(Plaintiff's "Amended Petition In Equity," para. 12). Clearly, Plaintiff's is predicated only on the claimed oral agreement. That said to take an oral contract for the transfer of an interest in land out of the statute of frauds on the ground of partial performance, the contract must be established by clear, convincing and satisfactory proof and acts constituting such performance must be equally plain, definite, and unequivocally referable to the contract exclusively. In Re Hayer's Estate, 12 N.W.2d 520 (Iowa 1944). As previously noted, Plaintiff's have offered no evidence by way of affidavit in support of their claims. The Plaintiff's cannot rely on the pleadings. Accordingly, Plaintiff's new allegation, unsupported by the summary judgment record should not be considered by the District Court in ruling on "Defendant's Motion For Summary Judgment." Issue II: On Their Affirmative Defense That Plaintiff's Action Is Barred By The Statute Of Limitations, The Defendant's Are Entitled To Summary Judgment As A Matter Of Law. As to Plaintiff's claim: "b) that the contract is outside the statute of limitations because of partial performance," paragraph 12 of Plaintiff's "Amended Petition In Equity" states: "The [oral] agreement has been partially performed by the parties both by carrying out the [oral] agreement and by Sheryl Stenoien's performance. Plaintiff's claim of partial performance fails for several reasons. First, Plaintiff's cite to the case of In Re Estate of Lindsey, 118 N.W.2d 5989 (Iowa 1962) is not only incorrect but is inapposite. NOWHERE in the Lindsey case, let alone on cited page 605, does Lindsey state "Proof of the elements of promissory estoppel will remove an oral contract involving interest in

This is the correct beginning page cite for the case of In Re Estate of Lindsey.

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

real estate from the Iowa statute of frauds." Even if Lindsey had stated the purported quoted language,10 the Plaintiff's did not plead promissory estoppel in their "Amended Petition In Equity." In addition to the theories pled in Plaintiff's "Amended Petition In Equity," paragraph 12 Plaintiff's pled: "That the [oral] agreement of the parties should be equitably enforced by the Court by requiring Gary Stenoien to carry out the [oral] agreement by payment of all past and future rents toward the mortgage balance owed to Farm Credit Services and by imposing a constructive trust on the property to ensure that title to the property is divided equitably between the children of Douglas Stenoien and LaVola Stenoien." (Plaintiff's "Amended Petition In Equity," para. 13). Promissory estoppel has to be pled. See Warder & Lee Elevator, Inc. v. Britten, 274 N.W.2d 339, 343 (Iowa 1979); Midwest Management Corp. v. Stephens, 291 N.W.2d 896, 907 (Iowa 1980). Even if Plaintiff's "Amended Petition In Equity" could be found to have pled promissory estoppel, the "Plaintiff's Memorandum Of Authorities" fails to cite to any portion of the summary judgment record setting forth the elements of (1) a clear and definite promise; (2) the promise was made with the promissor's clear understanding that the promissee was seeking an assurance upon which the promissee could rely and without which he would not act; (3) the promissee acted to his substantial detriment in reasonable reliance on the promise; and (4) justice can avoided only by enforcement of the promise. See Schoff v. Combined Ins. Co. of America, 604 N.W.2d 43, 48-49 (Iowa 1999). Unequivocally, elements (1) and (2) are missing. Plaintiff's pled "All parties contemplate that the rents

10

Lindsey involved the probate of a father's will wherein seven children claimed an oral agreement had been made to divide father's property ten ways which three of the children denied. 8

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

from the property would be applied to principal and interest on the loan and once the loan was paid off that title would be the children equally. Accordingly, Plaintiff's reliance on the theory of "promissory estoppel" should not be considered by the Distric Court in ruling on "Defendant's Motion For Summary Judgment." Second, Plaintiff's claim fails because Plaintiff's cite to the case of Davis v. Davis, 156 N.W.2d 870 (Iowa 1968) is inapposite. Equitable estoppel has to be pled. See Eckert v. Century Fire Ins. Co., 124 N.W. 170 (Iowa 1910); Kamrar v. Butler, 145 N.W. 879 (Iowa 1914); Huston v. Gelane Co., 119 N.W.2d 186 (Iowa 1963). Even if Plaintiff's "Amended Petition In Equity" could be found to have pled equitable estoppel, the Plaintiff's failed to cite to any portion of the summary judgment record to support an allegation of equitable estoppel. Further, while Davis stands for the proposition that the "true basis of the doctrine of part performance lies in principals of equitable estoppel and fraud, as it would be a fraud on Plaintiff if Defendant were permitted to escape performance on his part of oral agreement after he had permitted Plaintiff to perform in reliance upon agreement." (Davis, 156 N.W.2d at 876), Davis went on to find: "Our statute does not forbid oral contracts or render them invalid. It relates merely to the manner of proof. [Citing to In Re Estate of Lindsey, 118 N.W.2d 598, 605 (Iowa 1962)] We agree with the trial court's findings the transfer of the life estate from plaintiff and his wife to defendant was in fact a part of the settlement in the divorce action; that plaintiff has not proven any facts fairly and reasonably accounted for in no other way than by the existence of this alleged oral agreement, and plaintiff thus failed to remove the case from the statute of frauds."

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

Davis, 156 N.W.2d at 877. Accordingly, Plaintiff's new reliance on equitable estoppel should not be considered by the District Court in ruling on "Defendant's Motion For Summary Judgment." As to Plaintiff's claim that "[t]he Statute of Frauds is also

inapplicable to this case at the present time since the five year statute of limitations on oral contracts does not start from the date of the making of the contract but instead from the date of the breach of the contract," is not only an incorrect statement of the law but an incorrect application of the law to the facts of this case. In support of this claim, "Plaintiff's Memorandum Of Authorities" states: "In the instant case, the breach of the oral contract was not subject to being discovered by the Plaintiff's until on or about December 1, 2011 [sic] the Defendant, Gary Stenoien stated to his father, Douglas Stenoien, that he would not give his father any further information regarding the payments made on the contract. Thus, the earliest time that the breach could be discovered in this action was on December 1, 2011 and the five years statute of limitations on oral contracts would not expire until December 1, 2016." The Plaintiff's new argument fails for several reasons. First, the Plaintiff's did not plead the discovery rule. Second, while the five year limitation period of Iowa Code 614.1(4) generally begins to run upon accrual of the claim which is when the wrongful act produces injury to the claimant" (K&W Elec., Inc. v. State, 712 N.W.2d 107, 115 (Iowa 2006)(Cited to in Hallett Const. Co. v. Meister, 713 N.W.2d 225, 230 (Iowa 2006)), the discovery rule actually stands for: "The discovery rule tolls the statute of limitations until the Plaintiff has discovered . . . the fact of the injury and it's cause . . . or by the exercise of reasonable diligence should have discovered these facts." K&W Elec., Inc., 712 N.W.2d at 116 (cited to in Hallett Const., 713 N.W.2d at 231). Plaintiff's were on

10

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

"inquiry notice" when they learned sufficient information that informed them of the need to investigate. Plaintiff's "Amended Petition In Equity" notes that "Since the time of purchase [January 19, 2004] the rents have been partially used to pay the debt, but, Plaintiff's have reason to believe that Gary Stenoien has used part of the rents personally." Clearly, the Plaintiff's were on "inquiry notice" since January 19, 2004. "Once a claimant learns information that would inform a reasonable person of the need to investigate, the claimant . . . is on inquiry notice of all facts that would have been disclosed by a reasonably diligent investigation." K&W Elec., Inc., 712 N.W.2d at 117 (cited to in Hallett Const., 713 N.W.2d at 231). For summary judgment purposes it is undisputed that Douglas V. Stenoien sold the real estate described in this case to third parties which contained a provision that Douglas Stenoien could repurchase the real estate until July 28, 2003. It is undisputed that, wanting to keep the real estate in the family, Douglas Stenoien discussed the repurchase with all of his children. It is undisputed that Gary Stenoien repurchased the property with the assistance of the loan from Farm Credit Services. It is undisputed that since the time of the repurchase, the Plaintiff's have had reason to believe Gary Stenoien has used part of the rents from the real property personally. See paras. 6 through 10 of Plaintiff's "Amended Petition In Equity." Cf. Hallet Const. Co. v. Meister, 713 N.W.2d 225 (Iowa 2006)(Lessors were on inquiry notice of lessee's alleged fraud when lessee renewed lease under renewal option that was not contained in original (lease.)). Third, Plaintiff's cite to the case of Kendall/Hunt Pub. Co. v. Rowe, 424 N.W.2d 235 (Iowa 1988) is incorrect. The court, in Kendall did not discuss "the rule that a period of limitations begins upon discovery of the breach and 11

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

when the person seeking to enforce the contract is put on notice of problems with the contract." The Kendall court assumed without even stating that the discovery rule

applied. Kendall involved an employer's claim against his former employee for breach of a fiduciary duty and concluded the employer publisher was put on inquiry notice of problems with the employee when it discovered the employee's edited book a month after the employee's resignation. Kendall, 426 N.W.2d at 244. Fourth, Plaintiff's cite to the case of Glass v. Minnesota Protective Life Ins. Co., 214 N.W.2d 393 (Iowa 1982) for the proposition "[t]he court stated that where there is no anticipatory breach of contract, the statute begins to run upon the actual breach" is an incorrect statement of the Glass court's statement. In Glass, the court held "if no action is brought on the anticipatory breach, the statute of limitations does not begin to run until the actual breach occurs." Id at 397. Glass went on to hold "Plaintiff elected to wait until Defendant actually ceased performance in the present case. He commenced the action within one year of that date. Therefore the action was not barred by the five-year of limitations. The trial court erred in entering summary judgment on the statute of limitations ground." In this case, the Plaintiff's by their own admission have had reason to believe, since January 19, 2004, that Gary Stenoien was not been applying all of the rents from the real property to the principal and interest and was using part of the rents for personal matters. Accordingly, Plaintiff's were on inquiry notice since as early as January 19, 2004 that Gary Stenoien was not complying with the oral agreement. Fifth, Plaintiff's cite to the case of Brown v. Ellison, 304 N.W.2d 197 (Iowa 1981) is incorrect. Brown did not state "[t]he statute of limitations on an oral contract begin[s] to run when a breach is discovered in the exercise 12

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

of reasonable diligence." The Brown case stated: "The discovery rule, when applicable, commences the period of limitations to run from the latter of the date of the discovery or the date when, by the exercise of reasonable diligence, the Plaintiff should have discovered the wrongful act." Brown, 304 N.W.2d at 200. In this case the Plaintiff's, had they exercised reasonable diligence, would have discovered the claimed wrongful acts of Gary Stenoien possibly as early as January 19, 2004. Accordingly, the five year sstatute of limitations applies and Plaintiff's new claim of the discovery rule, unsupported by the Plaintiff's citing to the summary judgment record, should not be considered by the District Court in ruling on "Defendant's Motion For Summary Judgment." Conclusion The Plaintiff's first agree the facts of this case are undisputed. Then, without citing to the summary judgment record, attempt to set forth disputed facts. Plaintiff's attempt should be ignored by this Court in ruling on "Defendant's Motion For Summary Judgment." The District Court should find that the Defendant's have carried their burden of showing no dispute of material fact and the Plaintiff's have failed to carry their burden of showing disputed material facts. The Plaintiff's then, to cover their failure to carry their fact burden, allege theories of recovery not alleged in Plaintiff's "Amended Petition In Equity." The District Court should consider only those theories of relief alleged in Plaintiff's "Amended Petition In Equity." When that is done, the District Court should find that the Defendant's are entitled to summary judgment, as a matter of law.

13

E-FILED 2013 MAY 28 3:10 PM SAC - CLERK OF DISTRICT COURT

Plaintiff's "Amended Petition In Equity" should be dismissed in its entirety because the oral agreement (admitted for purposes of summary judgment) is prohibited by Iowa's Statute of Fraud or barred by Iowa's Statute of Limitations. The purpose of summary judgment rules is to avoid useless trials. A party with a just defense should be able to obtain summary judgment promptly and without the delay and expense of trial where there is no genuine fact issue to be decided. Humboldt Livestock Auction, Inc. v. B. & H. Cattle Co, 155 N.W.2d 478, 484 (Iowa 1967). Costs should be assessed to Plaintiffs. Respectfully submitted, __/s/ Joseph E. Halbur_ _____________ Joseph E. Halbur 621 North Clark Street PO Box 375 Carroll, Iowa 51401 Telephone: (712) 792-1633 Facsimile: (712) 792-1634 E-mail: josephehalbur@yahoo.com ATTORNEY FOR DEFENDANTS Original: Copy to: Filed. Laurel L. Boerner bglf@longlines.com
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings, on _________May 28____________, 2013, by: ___ US Mail ___ Hand Delivered ___ Certified Mail ___ Fax ___ Overnight Courier _X_ Other _e-mail___

Signature:_________________/s/ Joseph E. Halbur___________________________

14

E-FILED 2013 MAY 29 10:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 29 10:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 29 10:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 29 10:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 29 10:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 29 10:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 30 2:26 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY ________________________________________________________________________ ) ) Case No. EQCV 019380 ) Plaintiffs, ) ) vs. ) ) DEFENDANT'S SUPPLEMENT TO ) DEFENDANT'S REPLY TO GARY STENOIEN, et al. ) PLAINTIFF'S MEMORANDUM OF ) AUTHORITIES Defendants. ) ) ________________________________________________________________________ DOUGLAS V. STENOIEN, et al., COMES NOW the Defendants, by counsel of record, Joseph E. Halbur, and for "Defendant's Supplement To Defendant's Reply To Plaintiff's Memorandum Of Authorities" state: Supplement To Statement Of The Case On May 29, 2013, the Plaintiff's filed their "Resistance To Motion For Summary Judgment." Paragraph 3 of Plaintiff's Resistance states that "there will be filed as part of Plaintiff's Resistance in this matter affidavits supporting Plaintiff's Resistance." Paragraph 4 of Plaintiff's Resistance states a "'Statement of Facts' is filed in this matter by Plaintiff's since they considered that facts as alleged in Defendant's affidavit to be in dispute or inadequate." Also filed on May 29, 2013, as stated in paragraph 3 of Plaintiff's Resistance, the Plaintiff's filed the "Joint Affidavit Of Douglas Stenoien, Lavola Stenoien, Sheryl Stenoien and Gwendolyn Brown."

E-FILED 2013 MAY 30 2:26 PM SAC - CLERK OF DISTRICT COURT

Contrary to the statement contained in paragraph 4 of Plaintiff's Resistance, no "Statement of Facts" was filed. Hearing on "Defendant's Motion For Summary Judgment is still set for June 3, 2013 at 11:30 a.m. in the courtroom of the Greene County Courthouse, Jefferson, Iowa. Statement Of Facts Defendant's incorporate herein the "Statement Of Facts" set out in "Defendant's Reply To Plaintiff's Memorandum Of Authorities" filed May 28, 2013. Discussion Plaintiff's "Resistance To Motion For Summary Judgment" is untimely. Iowa R. Civ. P. 1.981(3) provides: "A party resisting the motion shall file a resistance within 15 days, unless otherwise ordered by the court, from the time when a copy of the motion has been served." Plaintiff's Resistance is well beyond the 15 days and there is no order allowing the late filing. Plaintiff's "Joint Affidavit Of Douglas Stenoien, Lavola Stenoien, Sheryl Stenoien and Gwendolyn Brown" is untimely. Iowa R. Civ. P. 1.981(3) states: "If affidavits supporting the resistance are filed, they must be filed with the resistance." It's unclear whether Plaintiff's affidavit was filed with Plaintiff's resistance. If it wasn't, the affidavit wasn't filed as required by the rule. If it was filed with Plaintiff's Resistance, it is untimely as not filed within 15 days of "Defendant's Motion For Summary Judgment." Contrary to Plaintiff's assertion in paragraph 4 of Plaintiff's Resistance, Plaintiff's filed no "Statement of Facts."

E-FILED 2013 MAY 30 2:26 PM SAC - CLERK OF DISTRICT COURT

Conclusion The Plaintiff's having failed to show there are any disputed facts, attempt to set up disputed facts through Plaintiff's "Joint Affidavit Of Douglas Stenoien, Lavola Stenoien, Sheryl Stenoien and Gwendolyn Brown." Plaintiff's attempt fails. First, Plaintiff's Joint Affidavit is untimely. Second, even if the court were to consider the Joint Affidavit, the Joint Affidavit's facts are admitted for purposes of "Defendant's Motion For Summary Judgment." Third, the Joint Affidavit does not change the fact that Plaintiff's action is prohibited by Iowa statute of frauds or barred by Iowa's statute of limitations. Respectfully submitted, __/s/ Joseph E. Halbur_ _____________ Joseph E. Halbur 621 North Clark Street PO Box 375 Carroll, Iowa 51401 Telephone: (712) 792-1633 Facsimile: (712) 792-1634 E-mail: josephehalbur@yahoo.com ATTORNEY FOR DEFENDANTS Original: Copy to: Filed. Laurel L. Boerner bglf@longlines.com
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings, on _________May 30____________, 2013, by: ___ US Mail ___ Hand Delivered ___ Certified Mail ___ Fax ___ Overnight Courier _X_ Other _e-mail___

Signature:_________________/s/ Joseph E. Halbur___________________________

E-FILED 2013 JUN 03 9:29 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 03 9:29 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 03 9:29 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 03 9:29 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 03 9:29 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 03 9:29 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 03 9:29 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 04 10:27 AM SAC - CLERK OF DISTRICT COURT

2RCV01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS VALDEMAR STENOIEN LAVOLA STENOIEN SHERYL STENOIEN GWENDOLYN R STENOIENBROWN , PLAINTIFF(S), vs. LORRI ANN STENOIEN TAMMY SWANSON GARY D STENOIEN , DEFENDANT(S).

Case No. 02811 EQCV019380

ORDER

It Is Ordered that a hearing on the plaintiffs' motion to dismiss the defendants' motion for summary judgment as untimely will be held on June 18, 2013, commencing at 3:30 p.m. in the courtroom of the Sac County Courthouse, Sac City, Iowa.

CLERK TO FURNISH COPIES TO: Counsel of Record

1 of 2

E-FILED 2013 JUN 04 10:27 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number EQCV019380 Type: Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL OTHER ORDER So Ordered

Electronically signed on 2013-06-04 10:27:19

2 of 2

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 12 11:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 14 10:36 AM SAC - CLERK OF DISTRICT COURT

2RCV01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS VALDEMAR STENOIEN LAVOLA STENOIEN SHERYL STENOIEN GWENDOLYN R STENOIENBROWN , PLAINTIFF(S), vs. LORRI ANN STENOIEN TAMMY SWANSON GARY D STENOIEN , DEFENDANT(S).

Case No. 02811 EQCV019380

ORDER

It Is Ordered that due to a conflict in the court's schedule the hearing in regard to the plaintiffs' motion to dismiss the defendants' motion for summary judgment as untimely will be rescheduled to June 19, 2013, commencing at 2:00 p.m. in the courtroom of the Sac County Courthouse, Sac City, Iowa.

CLERK TO FURNISH COPIES TO: Counsel of Record

1 of 2

E-FILED 2013 JUN 14 10:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number EQCV019380 Type: Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL OTHER ORDER So Ordered

Electronically signed on 2013-06-14 10:36:02

2 of 2

E-FILED 2013 JUN 17 11:34 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 17 11:34 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUN 19 9:37 AM SAC - CLERK OF DISTRICT COURT

2RCV01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS VALDEMAR STENOIEN LAVOLA STENOIEN SHERYL STENOIEN GWENDOLYN R STENOIENBROWN , PLAINTIFF(S), vs. LORRI ANN STENOIEN TAMMY SWANSON GARY D STENOIEN , DEFENDANT(S).

Case No. 02811 EQCV019380

ORDER

It Is Ordered that the hearing scheduled for this date on the motion to dismiss summary judgment is cancelled.

CLERK TO FURNISH COPIES TO: Counsel of Record

1 of 2

E-FILED 2013 JUN 19 9:37 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number EQCV019380 Type: Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL OTHER ORDER So Ordered

Electronically signed on 2013-06-19 09:36:45

2 of 2

E-FILED 2013 JUN 27 3:55 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY DOUGLAS V. STENOIEN, LAVOLA STENOIEN, SHERYL STENOIEN, and GWENDOLYN BROWN, Plaintiffs, s. GARY STENOIEN, LORRI ANN STENOIEN, a!"!a LORRI AN REIN#E, and TA$$Y SWANSON, D%f%ndants. On the 3rd day of June, 2013, Defendants Motion to for Summary Judgment came before the Court for hearing. he !arties "ere re!resented by their res!ecti#e counse$ of record. ORDER Cas% N&. E'CV()*+,(

he Court, ha#ing heard the arguments of counse$ and e%amined the record and fi$e, enters the fo$$o"ing ru$ing. FINDINGS OF FACT &$aintiffs Doug and 'a(o$a Stenoien are the !arents of Shery$ Stenoien, )"endo$yn *ro"n, )ary Stenoien and ammy S"anson. 'orri Stenoien is the "ife of )ary. his case

in#o$#es a rea$ estate re!urchase o!tion origina$$y he$d by Doug. Doug so$d some of his rea$ estate to a third !arty in 1++,. unti$ Ju$y 2,, 2003. he terms of sa$e granted Doug a right to re!urchase said $and

his right "as $ater e%tended to December 1, 2003. &$aintiffs c$aim that

Doug ta$- to his chi$dren about re!urchasing the rea$ estate and -ee!ing it in the fami$y some time in 2003. .ccording to &$aintiffs, an agreement "as reached "herein Dougs son, )ary, "ou$d obtain a mortgage to !urchase the !ro!erty but the !ro!erty "ou$d be o"ned in e/ua$ shares by a$$ of Dougs chi$dren. .s !art of the contract Shery$ agreed to !ut some of her o"n !ro!erty u! as co$$atera$ for the mortgage. he a$$eged agreement a$so !ro#ided that rents from

the rea$ estate "ou$d be used to !ay off the mortgage. 1

E-FILED 2013 JUN 27 3:55 PM SAC - CLERK OF DISTRICT COURT

0n January 2001, )ary and 'orri obtained a $oan from 2arm Credit Ser#ices for the !urchase of the rea$ estate. Shery$ a$so offered her !ro!erty that "as ad3acent to the rea$ estate as security for the $oan. he $oan "as e%ecuted on January 1+, 2001, and the !ro!erty re!urchased

on January 20. 2our days $ater, )ary fi$ed the deed on the rea$ estate "ith the county recorder. 0t a!!ears that arguments arose amongst the fami$y on or about December 1, 2011, regarding the !ro!erty. Soon after, &$aintiffs disco#ered that )ary had recorded the deed to the $and in his name a$one. &$aintiffs a$so a$$ege that o#er the years )ary has ta-en !art of the rent for !ersona$ use and that he no" c$aims com!$ete o"nershi! of the $and. 2or !ur!oses of their motion for summary 3udgment, Defendants did not dis!ute that an ora$ agreement e%isted amongst the !arties. 0nstead, Defendants argued t"o defenses4 516 that the Statute of 2rauds a!!$ies because there "as a transfer of interest in#o$#ing $and and thus the statute bars &$aintiffs c$aim7 526 that the fi#e8year statute of $imitations for ora$ contracts has run. &$aintiffs countered that !artia$ "ritings e%ist and there "as !artia$ !erformance to ta-e the contract out of the Statute of 2raud or a$ternati#e$y the contract terms shou$d be enforced through either !romissory or e/uitab$e esto!!e$. &$aintiffs a$so argue that the fi#e8year statute of $imitations has not run because the statute begins to run from the date of disco#ery rather than the date of the breach. CONCLUSIONS OF LAW he summary 3udgment standard in 0o"a is "e$$8estab$ished and need not be addressed at great $ength. Summary 3udgment is a!!ro!riate on$y "hen the record sho"s there is no genuine issue of materia$ fact and that the mo#ing !arty is entit$ed to 3udgment as a matter of $a". 0o"a 9. Ci#. &. 1.+,1536 520136. Summary 3udgment shou$d not be granted "here reasonab$e minds can differ on ho" a materia$ fact issue shou$d be reso$#ed. McCormick v. Nikkel & Assoc., Inc.,

E-FILED 2013 JUN 27 3:55 PM SAC - CLERK OF DISTRICT COURT

,1+ :.;.2d 3<,, 3=150o"a 20126. On summary 3udgment the Court must #ie" the facts in the $ight most fa#orab$e to the nonmo#ing !arty and consider e#ery $egitimate inference reasonab$y deduced from the record on beha$f of the nonmo#ing !arty. Id. A. Stat-t% &f F.a-ds >nder 0o"a Code section <22.32536, ?5e6%ce!t "hen other"ise s!ecia$$y !ro#ided, no e#idence of the fo$$o"ing enumerated contracts is com!etent, un$ess it be in "riting and signed by the !arty charged or by the !artys authori@ed agent . . . for the creation or transfer of any interest in $ands, e%ce!t $eases for a term not e%ceeding one year.A he statute does not #oid ora$

contracts o#er the transfer of $and interests but instead ma-es ora$ !roof of them incom!etent. Sun Valley Iowa Lake Assn v. Anderson, BB1 :.;.2d <21, <30 50o"a 1++<6. he o!tion to

!urchaseCre!urchase $and is an interest in $and and thus is go#erned by the Statute of 2rauds. .s the o!tion to re!urchase fa$$s under the Statute of 2rauds, so does the transfer of said o!tion from Doug to his son. &$aintiff a$$eges !artia$ !erformance by both Doug and Shery$ to remo#e the contract from the Statute of 2rauds. ?>nder our statute of frauds, it is "e$$ estab$ished that a !arty "ho !artia$$y !erforms under the agreement may a#oid the im!act of the statute of frauds and introduce e#idence of the ora$ contract.A Gardner v. Gardner, 1B1 :.;.2d 3<1, 3<3 50o"a 1++06. ?D0En order to bring the case "ithin the statute of frauds e%ce!tion in section <22.33, the conduct, acts, and circumstances offered to sho" !art !erformance . . . must be referab$e e%c$usi#e$y to the agreement. . . and if they admit of e%!$anation "ithout reference to the a$$eged agreement, they do not constitute !art !erformance.A Knig ! v. Anderson, 2+2 :.;.2d 111, 11< 50o"a 1+,06.

E-FILED 2013 JUN 27 3:55 PM SAC - CLERK OF DISTRICT COURT

&$aintiffs assert that the fo$$o"ing acts constituted !artia$ !erformance of the contract4 516 Doug ga#e u! his right to re!urchase in consideration of the ora$ contract, 526 Shery$ !artia$$y !erformed the agreement by a$$o"ing her $and to act as security for the $oan, and 536 !artia$ !erformance occurred by a$$o"ing )ary to use the rents to !ay on the $oan. he a$$eged acts of

!artia$ !erformance do not fa$$ "ithin the statutory e%ce!tions to the Statute of 2rauds as other e%!$anations e%ist "ithout reference to the agreement. 0t is undis!uted that Doug desired for the !ro!erty to remain in the fami$y7 Doug cou$d ha#e a$$o"ed )ary a$one to re!urchase the !ro!erty in order to meet his desire. >se of other !ro!erty as co$$atera$ for $oan !ur!oses is a fair$y routine matter and cou$d ha#e mu$ti!$e e%!$anations. .n o"ners use of rents to !ay the mortgage is a norma$ occurrence that does not re/uire a contract to e%!$ain. hus, &$aintiffs

assertions fai$ to constitute !artia$ !erformance of the a$$eged contract for !ur!oses of the Statute of 2rauds. Su!!osing that &$aintiffs "ere ab$e to !ro#e their assertions at tria$, the Court "ou$d sti$$ find a $ac- of !artia$ !erformance. &$aintiffs a$so argue that the "ritings consisting of Dougs o!tion to re!urchase the !ro!erty and the mortgage shou$d be used to sho" that !art of the contract is in "riting. Dougs o!tion to re!urchase "as so$e$y bet"een him and a third !arty. he o!tion does not reference any fami$y agreement and therefore has no bearing on the a$$eged ora$ contract. he mortgage is $i-e"ise not a !artia$ "riting as it does not !ro#e that Shery$ or hough Shery$ !ro#ided some co$$atera$ for

any of the &$aintiffs ha#e an interest in the !ro!erty.

the mortgage, on$y )ary and 'orri "ere res!onsib$e for re!ayment. &$aintiffs ha#e fai$ed to !ro#ide e#idence of a !artia$ "riting. &$aintiffs did not s!ecifica$$y argue either !romissory or e/uitab$e esto!!e$ but mentioned it in !assing in their Memorandum of .uthorities. . !arty asserting !romissory esto!!e$ must !ro#e4 516 a c$ear and definite !romise7 526 the !romise "as made "ith the !romissorFs c$ear

E-FILED 2013 JUN 27 3:55 PM SAC - CLERK OF DISTRICT COURT

understanding that the !romisee "as see-ing assurance u!on "hich the !romisee cou$d re$y and "ithout "hich he "ou$d not act7 536 the !romisee acted to his or her substantia$ detriment in reasonab$e re$iance on the !romise7 and 516 in3ustice can be a#oided on$y by enforcement of the !romise. Kolkman v. "o! , <B< :.;.2d 11,, 1B< 50o"a 20036 5citation omitted6. Strict !roof of the each of the e$ements is re/uired. Id. ? he doctrine of e/uitab$e esto!!e$ is a!!$icab$e "hene#er the re!resentation or !romise re$ied on has been made to induce action or is reasonab$y ca$cu$ated to induce action.A Miller v. Lawlor, 21B 0o"a 1111, 11B3, << :.;.2d 2<=, 2=28=3 51+B16 5citation omitted6. he Court finds that &$aintiffs do not meet the re/uirements of !romissory esto!!e$ as a matter of $a". &$aintiffs a$$ege that discussions o#er the re!urchase of the !ro!erty occurred o#er the course of a year or so. &$aintiffs ha#e not s!ecified "hen a c$ear and definite agreement occurred, the !arameters of said agreement, or "ho "as a !arty to the a$$eged agreement. &$aintiffs ha#e a$so fai$ed to a$$ege substantia$ detriment. Doug desired the !ro!erty to remain in the fami$y and it has through his sons o"nershi!. &$aintiffs e/uitab$e esto!!e$ argument a$so fai$s. &$aintiffs ha#e not a$$eged a !romise or re!resentation that "as made to induce action. Defendants are not esto!!ed from asserting the Statute of 2rauds against &$aintiffs. B. Stat-t% &f Li/itati&ns f&. an O.al C&nt.a0t G#en assuming the #a$idity of the ora$ contract, &$aintiffs c$aim is time8barred. he

statute of $imitations for the breach of an ora$ contract is fi#e years. 0o"a Code section <11.1516. he statute begins to run from the date of breach of the contract. 0o"a Code section <11.1 5?.ctions may be brought "ithin the times herein $imited . . . after their causes accrueA6. *reach of the ora$ contract occurred "hen )ary recorded the deed to the farm$and in his name, if not

E-FILED 2013 JUN 27 3:55 PM SAC - CLERK OF DISTRICT COURT

before. &$aintiff argues the breach of contract "as not disco#ered unti$ on or about December 1, 2011, and that the disco#ery ru$e shou$d be a!!$ied to to$$ the statute of $imitations in this case. he disco#ery ru$e does not a!!$y in this situation. &$aintiffs must sho" that the disco#ery ru$e is a!!$icab$e to these set of facts. #ran$en v. %eere & Co., 331 :.;.2d =30, =32 50o"a 1+,36 5? he !arty !$eading an e%ce!tion to the norma$ $imitations !eriod has the burden to !$ead and !ro#e the e%ce!tions.A6. &$aintiffs incorrect$y state the $a" as to the disco#ery ru$e and ora$ contracts in their Memorandum of .uthorities. 0n &rown v. 'llison, 301 :.;.2d 1+=, 200 50o"a 1+,16, the 0o"a su!reme court $isted ty!es of c$aims "here the disco#ery ru$e has been a!!$ied by the court4 im!ro!er design by an architect7 "or-ers com!ensation7 !rofessiona$ ma$!ractice7 tortious interference. he court cited a case from the federa$ court in the Southern

District of 0o"a "hich a!!$ied the disco#ery ru$e to a c$aim of fraud under the 0o"a >niform Securities .ct. Id. 0n &rown, the court a$so a!!$ied the disco#ery ru$e to a c$aim in#o$#ing e%!ress and im!$ied "arranties. Kendall()un! *u+. Co. v. "owe in#o$#ed a breach of fiduciary duty "here the court discussed the disco#ery ru$e but did not decide that it "as tru$y a!!$icab$e in that situation. 121 :.;.2d 23B, 213 50o"a 1+,,6 5?:either the district court nor the !arties, ho"e#er, cite any authority for a!!$ying the disco#ery ru$e to this !articu$ar ty!e of c$aim. 2or the !ur!oses of our discussion, "e "i$$ assume "ithout deciding, that the disco#ery ru$e does a!!$y here.A6. 2or the sa-e of &$aintiffs argument, the common8$a" disco#ery ru$e is as fo$$o"s4 the statute of $imitations does not begin to run unti$ the !$aintiff has disco#ered the in3ury or shou$d ha#e disco#ered it by e%ercise of reasonab$e di$igence. &orc ard v. Anderson, B12 :.;.2d 21=, 2B0 50o"a 1++<6. his case in#o$#es none of the ty!es of c$aims "here the disco#ery ru$e is usua$$y !ermitted "hether by statute or case $a". &$aintiffs ha#e fai$ed to !ro#ide any authority for their

<

E-FILED 2013 JUN 27 3:55 PM SAC - CLERK OF DISTRICT COURT

!osition that the disco#ery ru$e a!!$ies to an ora$ contract in#o$#ing rea$ estate. G#en assuming that the common8$a" disco#ery ru$e a!!$ies, &$aintiffs shou$d ha#e disco#ered )arys breach of contract "ithin a time$y !eriod through the e%ercise of reasonab$e di$igence. agreement occurred sometime in the si% months !rior to Ju$y 2,, 2003. he a$$eged ora$

he mortgage from 2arm

Credit "as fina$i@ed in January 2001 and the !ro!erty re!urchased. Short$y after thereafter, )ary recorded the deed in his name a$one rather than in the names of a$$ of Dougs chi$dren. Once the deed "as recorded, &$aintiffs "ere on notice that )ary c$aimed so$e o"nershi! of the !ro!erty in fee sim!$e. &$aintiffs chose not to in#estigate the deed unti$ after December 1, 2011, near$y eight years after the !urchase of the rea$ estate and subse/uent recording of the deed. 9easonab$e in/uiry shou$d ha#e occurred to the &$aintiffs before the !assage of near$y eight years. ORDER IT IS THEREFORE ORDERED, AD1UDGED, AND DECREED that Defendants Motion for Summary Judgment is )9.: GD for the foregoing reasons.

Co!ies to4 'aure$ '. *oerner, .ttorney for &$aintiffs Jose!h G. Ha$bur, .ttorney for Defendants

E-FILED 2013 JUN 27 3:55 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number EQCV019380 OTHER ORDER Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL So Ordered

Electronically signed on 2013-06-27 15:55:30

page 8 of 8

E-FILED 2013 JUL 01 11:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 01 4:02 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY _____________________________________________________________________ _________ DOUGLAS V. STENOIEN, LAVOLLA STENOIEN, SHERYL STENOIEN and GWENDOLYN BROWN "#a$n%$&&, '(. GARY STENOIEN, LORRI ANN REINE)E and TA**Y SWANSON : : NO. EQCV019 !0 : : : ORDER

: D+&+ndan%(. : _____________________________________________________________________ __________ T,$( -a%%+. /0-+( 1+&0.+ %,+ /02.% 0n %,+ 30$n% *0%$0n %0 C0n%$n2+ T.$a# 0n C02n%+./#a$-. T,+ C02.% &$nd( %,a% $n %,+ $n%+.+(% 0& 42d$/$a# +/0n0-5 %,+ %.$a# 0n %,+ C02n%+./#a$- (+% &0. 32#5 , 601 (,02#d 1+ /0n%$n2+d. T,+ C02.% Ad-$n$(%.a%0.

(,02#d .+(+% %,+ C02n%+./#a$- &0. %.$a#.

E-FILED 2013 JUL 01 4:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number EQCV019380 OTHER ORDER Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL So Ordered

Electronically signed on 2013-07-01 16:02:37

page 2 of 2

E-FILED 2013 JUL 02 9:09 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 02 9:09 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 02 9:09 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 02 9:09 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number EQCV019380 CERTIFIED NOTICE OF APPEAL Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL So Ordered

Electronically signed on 2013-07-03 16:23:30

page 3 of 3

E-FILED 2013 JUL 10 2:59 PM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA004

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS VALDEMAR STENOIEN LAVOLA STENOIEN SHERYL STENOIEN GWENDOLYN R STENOIENBROWN ,

Notice of Civil Trial Setting Conference Case No: 02811 EQCV019380

Plaintiff / Petitioner, vs. LORRI ANN STENOIEN TAMMY SWANSON GARY D STENOIEN ,

Defendant / Respondent.

A scheduling conference will be held on 07/30/13 at 10:00 AM with Kellie Orres, as District Court Designee, pursuant to I.R.C.P 1.602. This conference shall be conducted by telephone conference call initiated by plaintiff's counsel. Kellie Orres may be contacted via telephone at: (515) 574-3752. 1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A party who is not represented by counsel shall contact the Court Administrator's office (at the above phone number) prior to the date and time of the conference call. 2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the Supreme Court's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALL BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN. 3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or is substantially unprepared to participate in the conference, the Court may impose appropriate sanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).

E-FILED 2013 JUL 10 2:59 PM SAC - CLERK OF DISTRICT COURT

/s/ Kellie Orres --------------------------------------Designee of the Court Clerk to provide copies or notice of document to attorneys of record and parties appearing pro se.

Recipient List Case ID : 02811 EQCV019380 - DOUGLAS STENOIEN ET AL VS. GARY STENOIEN E-FILED 2013 ET JUL AL 10 2:59 PM SAC - CLERK OF DISTRICT COURT Event Cd : OFTN JOSEPH EDWARD HALBUR LAUREL L BOERNER filed filed

E-FILED 2013 JUL 30 10:28 AM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

DOUGLAS VALDEMAR STENOIEN LAVOLA STENOIEN SHERYL STENOIEN GWENDOLYN R STENOIENBROWN ,

Case No: 02811 EQCV019380 Trial Notice

Plaintiff / Petitioner, vs. LORRI ANN STENOIEN TAMMY SWANSON GARY D STENOIEN ,

Defendant / Respondent.

The above entitled matter is hereby scheduled for non-jury trial on 12/12/13 at 09:00 AM . 1 Day Counterclaim Discovery Due 60 days prior to trial

/s/ Kellie Orres ----------------------------------Designee of the Court

Clerk to provide copies or notice of this document to attorneys of record, parties appearing pro se and

E-FILED 2013 JUL 30 10:28 AM SAC - CLERK OF DISTRICT COURT

judge if assigned

Docket Code = OSTR

Recipient List Case ID : 02811 EQCV019380 - DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET 30 AL10:28 AM SAC - CLERK OF DISTRICT COURT E-FILED 2013 JUL Event Cd : OSTR JOSEPH EDWARD HALBUR LAUREL L BOERNER filed filed

E-FILED 2013 SEP 04 4:31 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 04 4:31 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 04 4:31 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 04 4:31 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 11 4:17 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 11 4:17 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 13 2:54 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 13 2:54 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 16 1:37 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY DOUGLAS V. STENOIEN, LAVOLA STENOIEN, SHERYL STENOIEN and GWENDOLYN ROWN !"a#n$#%%& * * CASE NO. EQCV019380 * * * '&. * * ORDER GRANTING (OTION GARY STENOIEN, LORRI ANN * TO WITHDRAW STENOIEN, a)*)a LORRI ANN REIN+E, * and TA((Y SWANSON * D,%,ndan$&. * **************************************************** T-#& .a$$,/ 01.,& 2,%1/, $-, C13/$ 341n $-, (1$#1n $1 W#$-d/a5 %#",d 26 La3/," L. 1,/n,/, 1,/n,/ 7 G1"d&.#$- La5 F#/. !.C. (/. 1,/n,/ #n -#& .1$#1n &$a$,& $-a$ $-, !"a#n$#%%& -a', 12$a#n,d a"$,/na$, 013n&," and -, &-13"d 2, a""15,d $1 5#$-d/a5. T-, C13/$ %#nd& $-a$ 811d 0a3&, ,9#&$& $1 a""15 $-, 5#$-d/a5a" 1% La3/," L. 1,/n,/ a& a$$1/n,6 %1/ $-, !"a#n$#%%&. THEREFORE IT IS ORDERED $-a$ La3/," L. 1,/n,/ #& a""15,d $1 5#$-d/a5 #n $-#& .a$$,/ a& a$$1/n,6 %1/ !"a#n$#%%&.

E-FILED 2013 SEP 16 1:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number EQCV019380 WITHDRAWAL OF COUNSEL Case Title DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL So Ordered

Electronically signed on 2013-09-16 13:37:48

page 2 of 2

E-FILED 2013 NOV 25 8:32 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 05 2:18 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


Case No. 02811 EQCV019380

DOUGLAS STENOIEN ET AL VS. GARY STENOIEN ET AL

Clerk's Certificate of Transmission of Record for Appeal I, the undersigned Clerk of District Court or designee, do hereby certify as follows: Case Security: The ICIS case level security of this matter is:

All of the case record in this matter is public record All or part of the case record in this matter is confidential under Iowa law: Juvenile Record, including children and families in need of assistance, termination of parental rights and certain confidential delinquency actions Involuntary Hospitalization of Persons with Mental Illness Record Involuntary Commitment or Treatment of Chronic Substance Abuse Record Pending Dissolution of Marriage Record While this case type is public record, certain documents are confidential or sealed Other: Document Security: Within this record, there are specific documents that are of a confidential or sealed nature as reflected by the event or document security levels listed on the attached page(s). The event/document security table is shown at the end of this certificate. Transmission of Record: The record is being transmitted to the Clerk of Supreme Court in the following format(s): Fully electronic format (attached) Part electronic/part non-electronic Partially electronic format (attached in binder) Partially non-electronic. Non-electronic records will be delivered to the Clerk of Supreme Court and will consist of the following records: The following non-electronic records or exhibits are of unusual bulk, weight or substance and will be delivered to the Clerk of Supreme Court only upon specific request: Other:

E-FILED 2013 DEC 05 2:18 PM SAC - CLERK OF DISTRICT COURT

Dated: December 5, 2013

/s/

DONNA GEERY

Clerk of Court/Designee SAC County

EDMS/ICIS event and document security levels: 0 Public 1 Confidential - accessible by case parties 2 Confidential - accessible by self-represented litigants 3 Confidential - accessible by attorneys on the case 4 Confidential - accessible by county attorney 5 Confidential - accessible by authorized court personnel (paper copy may be publicly available at Clerk of District Court office) 6 (Not designated) 7 (Not designated) 8 Expunged - accessible by judges, magistrates and clerks of court 9 Sealed - accessible by judges and clerks of court