HomeMy WebLinkAboutAssumption Agreement Eric Kubichka PIN 02-0214-0000 2021 'RECEIVED
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JUN 2 8 2021 ASSUMPTION AGREEMENT $ Tx:4536226 0
DOC# 1854897
C'UoCuctlitE46g 0 F I C E Document Title NATALIE STROHMEYER
REGISTER OF DEEDS
This Assumption Agreement is made and entered into this D" day of WINNEBAGO COUNTY,WI
t)V rJE, ,2021 by and between the CITY OF OSHKOSH("CITY") RECORDED ON:
and ERIC KUBICHKA (collectively with the City referred to herein as the 06/18/2021 01;41 PM
RECORDING FEE: 30.00
"Parties"). PAGES: 2
Explanation of Agreement
1. Eric Kubichka and Jessica Jones, for value received, duly executed and
delivered to the City an Installment Loan Promissory Note and Borrowers
Certifications dated September 26,2018 in the original amount of$30,000 Recording Area
Name and Return Address
("Note"). City Attorney's Office
PO Box 1130
2. To secure the indebtedness of the Note, Eric Kubichka and Jessica Jones Oshkosh,WI 54903 30
delivered to the City a Mortgage dated September 26,2018 and recorded on
November 11, 2019 with the Winnebago County Register of Deeds as
Document No. 1803393 ("Mortgage"). 902-0214-0000
Parcel Identification No.
3. The real estate subject to the Mortgage is commonly known as 540 Otter
Avenue,Oshkosh and legally described as being in Winnebago County,State of
Wisconsin("Property"):
Lot 11,Block H, in SECOND ADDITION TO OSHKOSH,2i d Ward, City of Oshkosh
4. Eric Kubichka and Jessica Jones(n/k/a Jessica Kubichka)filed for divorce on September 20,2020. See Winnebago
County Court Case In re the marriage of Jessica K. Kubichka and Eric J. Kubichka, Case No. 20 FA 141. A
judgment of divorce was granted March 30,2021.
5. Eric Kubichka has represented that as part of the divorce action,Jessica Jones intends to quit claim her interest in the
Property to Eric Kubichka.
6. The terms of the Mortgage expressly prohibit the transfer,sale, or conveyance of the Property without the written
consent of the City. The City is unwilling to give its consent to the transfer of the Property as described above
without Eric Kubichka, individually, being qualified to participate in the City's Owner-Occupied Rehabilitation
Program and without Eric Kubichka,individually,agreeing to assume all of the obligations imposed by the Note and
Mortgage.
Agreement
NOW THEREFORE,IT IS AGREED:
1. Eric Kubichka,individually,assumes the Note and Mortgage and agrees to perform all covenants,conditions,duties
and obligations contained therein. The parties agree that the current balance due under the Note and Mortgage is
$26,500.
2. The City consents to the transfer of Jessica Jones's interest in the Property to Eric Kubichka via quit claim deed. The
City expressly reserves the right to withhold its consent to any future sale,conveyance or transfer of the Property as
provided in the Note and Mortgage.
3. Upon Jessica Jones's transfer of all of her interest in the Property to Eric Kubichka,the City of Oshkosh shall fully
release Jessica Jones(n/k/a Jessica Kubichka)from any and all liabilities, obligations,damages, claims,causes of
action, and expenses, including without limitation attorneys' fees and costs, that the City might otherwise have
_ against Jessica Jones under or with respect to the Note and Mortgage.
4. This Agreement shall be binding upon the Parties hereto,their heirs,personal representatives and assigns.
IN WITNESS WHEREOF,the Parties have hereunto set their hands and seal as of the date above written.
CITY OF OSHKOSH
ERIC KUBICHKA . Rohloff, City (J,by11VI7ger)
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
)ss.
COUNTY OF WINNEBAGO )
Personally came before me this V day of Jun E. ,2021,the above named Mark A.Rohloff,City Manager,and Pamela
R. Ubrig, City Clerk,to me known to be officers of the City of Oshkosh, a municipal corporation and who executed the foregoing
instrument and acknowledged the same.
Notary Public, State of Wisconsin -
My Commission 4s-peaananeti+)(e xp ire s)./2
5
'26—
STATE OF Wiscovi51n )
)ss.
COUNTY OFWIIlhty 0 ) V.
Personally came before me this o' day of 3 VAS ,2021,the above named Eric Kubichka to me known to be the person
who executed the foregoing instrument and acknowledged the same.
Notary Public,State of now �(�5
My Commission(-is-per outgexpires) U'4 d�1
Document drafted by:
Amy Vanden Hogen
Assistant City Attorney
Oshkosh, Wisconsin