REVOCABLE TRUST OF FREDERICK W. WEITZ v. JOHN PEVERILL

REVOCABLE TRUST OF FREDERICK W. WEITZ v. JOHN PEVERILL IN THE IOWA DISTRICT COURT FOR POLK COUNTY REVOCABLE TRUST OF FREDERICK W. WEITZ, Plaintiff, v. JOHN PEVERILL; SARA ENGELBERT; ELLEN BURNQUIST; WEST GRAND TOWERS CONDOMINIUM ASSOCIATION; LVNV FUNDING LLC; SPOUSE OF KATHRYN PEVERILL, IF ANY; ALL PERSONS WITH AN INTEREST IN THE ESTATE OF KATHRYN PEVERILL; STATE OF IOWA; AND PARTIES IN POSSESSION, and all persons known and unknown with ANY RIGHT, TITLE OR INTEREST IN AND TO THE PROPERTY OF KATHRYN PEVERILL, DECEASED, INCLUDING Unit 205 in WEST GRAND TOWERS CONDOMINIUM, Defendants. EQUITY NO. EQCE092236 original notice for publication TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY NOTIFIED and required to serve upon Belin McCormick, P.C., Plaintiff's attorneys, whose address is 666 Walnut Street Suite 2000, Des Moines, Iowa 50309-3989, telephone number 515-283-4638; facsimile number 515-283-4638, an appearance, motion or pleading to the Petition which is now on file on or before the 13th day of January, 2026, and within a reasonable time thereafter to file a duplicate with the undersigned Clerk of Court of Polk County, at the County Courthouse in Des Moines, Iowa. If you need assistance to participate in court because of a disability, contact the disability coordinator at 515-561-5818. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability Coordinators cannot provide legal advice. IF YOU FAIL TO DO SO, JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE PETITION. YOU ARE FURTHER NOTIFIED that the Petition of the Plaintiff filed November 11, 2025, in the above-entitled action is now on file in the Office of the Clerk of the District Court of the State of Iowa, in and for Polk County, asking judgment in rem against the mortgaged property hereinafter described for: 1. The sum of $173,619.44, with interest at amount stated in Note, being the amount due plus interest upon the Promissory Note in the principal sum of $95,000.00 dated July 27, 2015; which Note was made and executed by William Peverill and Kathryn Peverill and now payable to the Plaintiff, which Note the Plaintiff has declared due and payable forthwith because of the default of the Defendants in failing to make payment of monthly sums of principal and interest due. The said sum includes delinquent interest and advancements to and including November 7, 2025, and represents the total sum due after allowing Defendants all just credits; also asking for judgment for any further or future advancements Plaintiff may be required to make for continuing the abstract of title, or for any other purpose authorized by the terms of said Note and Mortgage and by Iowa law. 2. Also asking judgment for costs, including reasonable attorney fees. 3. Also asking as against the Defendants above named a Decree of Foreclosure of Mortgage made and given by William Peverill and Kathryn Peverill, which Mortgage is dated August 7, 2015, recorded in Book 15700, Page 68 of the Office of the Recorder of Polk County, Iowa; said Mortgage being given to secure the above-mentioned Note and other sums claimed; which Mortgage covers the following described real estate to-wit: Unit 205 in WEST GRAND TOWERS CONDOMINIUM, A Horizontal Property Regime located upon a parcel of land in the South 332 feet of Lots 25 and 26 and the South 306 feet of Lot 27 and the North 80 feet of the South 300 of Lot 28, all in Official Plat of the Southeast 1/4 of the Southwest 1/4 of Section 6, Township 78, Range 24 West of the 5th P.M., now included in and forming a part of the City of Des Moines, Polk County, Iowa; together with the undivided fractional ownership interests in the general and limited common elements appurtenant to such unit as set forth in Declaration of Condominium recorded in Book 5068 Page 01, and any amendments thereto, and with any and all other interests appurtenant to such unit pursuant to such Horizontal Property Regime.. notice PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. PLAINTIFF WAIVES ITS RIGHT TO A DEFICIENCY JUDGMENT AGAINST ANY BORROWER. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. Plaintiff also asks for the appointment of a Receiver to take charge of the Mortgaged property and to collect the rents, issues and profits arising or which may be had therefrom and to apply them as by Court directed. No money judgment is asked against any Defendant herein. FOR FURTHER PARTICULARS, SEE THE PETITION NOW ON FILE. Dated this 2nd day of December, 2025. /s/ Clerk___________________________________ CLERK OF THE DISTRICT COURT/BY DEPUTY December 9, 16, 23 2025 LIOW0417527