E-FILED 2013 AUG 01 3:58 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MEGAN M. COOK, Plaintiff, vs. MICHAEL L. COOK, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., TRISHA CLARK, and STATE OF IOWA, Defendants.

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NO. ____________________

PETITION FOR PARTITION OF REAL ESTATE

COMES NOW the Plaintiff, Megan M. Cook, and states to the Court as follows: 1. Plaintiff, Megan M. Cook, resides at 34647 180th Street,

Le Mars, Iowa 51031. 2. Defendant, Michael L. Cook, resides at 301 3rd Street,

Carnarvon, Iowa 51450. 3. The property affected by this action is locally known as

301 3rd Street, Carnarvon, Iowa, and legally described as: Beginning at a point 65 rods South of the NE corner of the NW1/4 of Section 22, Township 86 North, Range 36 West 5th P.M., Sac County, Iowa and running thence South 5 rods along the East line of said Section; thence West 16 rods; thence North 5 rods; thence East 16 rods to the place of beginning, now known as Lot 7, Hundlings Subdivision to the Town of Carnarvon, Iowa, Section 22, Township 86 North, Range 36, West of the 5th P.M.

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2 4. The Plaintiff and Defendant are the legal title holders

of the real estate described above as joint tenants, with full rights of survivorship, and not as tenants in common. 5. Defendant Mortgage Electronic Registration Systems, Inc.

is named hereto as a defendant by virtue of an Assignment of Mortgage dated August 8, 2005 and filed August 9, 2005 in the office of the Sac County, Iowa Recorder, as instrument number 051767, which Assignment refers to a mortgage made, executed and delivered by Plaintiff Megan M. Cook and Defendant Michael L. Cook to Carroll County State Bank, which mortgage is dated August 8, 2005 and filed August 9, 2005 in the office of the Sac County, Iowa Recorder as instrument number 051766. 6. Defendant Trisha Clark is named as a defendant herein by

virtue of a judgment against the real estate for child support, which judgment was filed of record in the Iowa District Court for Sac County, case number DRCV018622 on November 28, 2005. 7. Defendant State of Iowa is named as a defendant herein by virtue of a judgment against the real estate for child support filed in the Iowa District Court for Sac County, case number USCV018137 on or about November 26, 2001. 8. Plaintiff Megan M. Cook and Defendant Michael L. Cook

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3 were divorced pursuant to a Decree of Dissolution of Marriage filed in Sac County, Iowa District Court case number CDDM1755 on August 24, 2010. 9. The Decree incorporated a Stipulation executed by

Plaintiff Megan M. Cook and Defendant Michael L. Cook and filed in Sac County, Iowa District Court case number CDDM1755 on or about August 9, 2010. The Stipulation provided as follows with

respect to the real estate which is the subject of this action: The partys [sic] are in the process of selling their home and agree that any amounts left after payment of the mortgage and closing costs be given to the Respondent. Likewise, any debt remaining after closing shall be Respondents. 10. However, the anticipated sale of the subject real

estate was never consummated such that the parties remain the joint owners of the subject real estate. 11. As a result, the Court should partition the real estate

by sale and division of the proceeds pursuant to Iowa Rules of Civil Procedure 1.201(2). 12. The costs of such partition, including reasonable

attorneys fees, should be taxed as costs of the sale. WHEREFORE the Plaintiff, Megan M. Cook, respectfully requests that the Court partition the above-described real estate

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4 by judicial sale, tax the costs of this action, including reasonable attorneys fees, as costs of the sale, and that the Court grant such further relief as it deems equitable under the circumstances. Respectfully submitted, /s/ Scott L. Bixenman SCOTT L. BIXENMAN AT0000927 Murphy, Collins & Bixenman, P.L.C. Attorneys at Law 38 First Avenue NW P.O. Box 526 Le Mars, IA 51031 Ph. (712)546-8844 Fax (712)546-8847 E-mail: murphlaw@premieronline.net ATTORNEYS FOR PLAINTIFF