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HomeMy WebLinkAbout1849 Arizona Street{" MORTGAGE Document Number Document Title CITY OF OSHKOSH RESIDENTIAL REHABILITATION PROGRAM DEFERRED PAYMENT LOAN - Christopher L. Guenther, A ~i"gl~ Person, I hereby mortgage, convey and warrant to the CITY OF OSHKOSH a Municipal Corporation located in W!nnebago County, Wisconsin (mortgage !ender), in consideration of my receiving a deferred payment loan Jn Lhe ~mount of,FOUR THOUS4ND and NO/lDO Dollars ($4,000.00) for the rehabilitation preservation and enhancement of owner occupied res!dential rea! property which is commonly known as 1849 Arizona Street, and legally described as being in Winnebago County, state of Wisconsin: The North 1/2 of Lots Thirteen (13) and Fourteen (14) in SMITH GROVE LAND COMPANY'S REPLA~ of Lots 25 to 48 inclusive and Lots 53, 54, 55, 56, 60, 61, 62, 63, 64~ 65, 66, 67, 68 in Lois Smith's Addition in the Fourteenth Ward, City of Oshkosh, ~ ~ ~ n.%b..a.~ .o_ C~ 9 }~ 9 t y, Wisconsin, REGISTER'S OFFICE WINNEBAGO COHMTY, WI RECORDED ON $9/18/2003 10;45A~ SUSAN WINNINGMOFF REGISTER OF DEEDS RE~R~ING FEE 13, l~ TRAN~J:ER FEE # OF PflSES ~ R'~d4~'d{ii~ Ara As sur~nce EsCrOwed! Name and Return Address City Attornefs Office Oshkosh? WI 54902-1130 914-0527-0000 ] Parcel Identification No. This is hor~estead property. This is not a purchase money mortgage. I certify that I. have title to this property and that the title is free and clear of all encumbrances excepting only restrictions and easements of record, municipal and the zoning ordinances, current taxes and assessments not yet due and any encumbrance noted below: First mortgage to Associated Bank or its assignees, in the amount of $80,000.00~ I will keep the mortgaged property free from any lien or encumbrance super/or to the lien of this mortgage except for those noted above. I agree to this mortgage on a condition that, if I pay to mortgage lender the full amount of the deferred payment loan secured by this mortgage and conform with the terms of the Borrower's Certification and this mortgage, then this mortgage will cease and the note (see Borrower's Certification) Will be void. I will pay before they become delinquent all taxes and assessments which may be levied or assessed against this mortgage, the note secured by this mortgage and the property described above. I will deliver to mortgage lender, upon demand, a receipt showing due payment of any tax or assessment. I wi!! keep the mortgaged property insured for fire and extended coverage perils for at least the full and fair market value of the property and pay the premiums thereon when due. agree to keep the mortgaged property i!~ good condition and repair. I will not do anything to diminish or impair the value 9f She r09rtgaged property. Under any foreclosure proceeding, all foreclosure expenses, including reasonable attorney's fees, will also be added to the amount of the deferred payment loan and become due as incurred, and in case of judgement, will be included therein. If ~ fail ,to .act accgrding to the ~erms and cQnditions of this mortgage or the Borrower's Certification for a period of more than fifteen (15) days, then the whole amount of the deferred payment loan will, at the option of the mortgage lender, become due and payable without notice. Under this circumstance, ! hereby waive my right to notice. .I ur~ders~d. Sh~t ~he mortgage lender is not responsible for the work performed by any contractor on my property, whether pgid for Qu, t~ 9~ defe,rred payment lo~n funds or otherwise. Unless oSherwise required by !aw, the invalidity or unenforceability of any provision of this mortgage will not affect the vali4i~ty or enforceability of any other provision. Ail the ,terms conditions and covenants of this mortgage will be binding on my heirs, legal representatives, successors or ~ny other indi¥idual to whom ac interest in ~he mortgaged property or this mortgage is assigned. I shall not transfer, sell or convey any legal or equitable interest in the property (by deed, land contract, option, long-term lease or in any other way) without the prior written consent of the mortgage lender, unless either the indebtedness secured by this mortgage is first paid in full or the interest conveyed is a mortgage or other security interest in the property, subordinate to the lien of this mortgage. The entire indebtedness under the note secured by this mortgage shall become due and payable in full, at the option of the mortgage lender without notice, upon any ~ransfer, sale or conveyance made in violation of this paragraph. (PLEASE NOTE THE SINGULAR 'T' ALSO INCLUDES THE PLURAL "WE" IF THERE IS MORE THAN ONE SIGNATURE APPEARING BELOW) Dated this _ i),'~' day of .~e?~t~,,b~ _, 2003 (SEAL) (Mortgagor) (SEAL) AUTHENTICATION Signature(s) Authenticated this __.day of 20 PRINTED NAME: TITLE: MEMBER STATE BAR OF WISCONSIN (If not, authorized by Sec 706.06, Wis Stats) THIS INSTRUMENT WAS DRAFTED BY: Lynn Lorenson, Asst. City Attorney, Oshkosh, WI (Signatures may be authenticated or acknowledged. Both are not necessary.) ACKNOWLEDGEMENT STATE OF WISCONSIN ) WINNEBAGO COLrNTY ) Personally came before me this /,ffday of~O-~ the above named ~/f/Z/~775.a//~ Z,. Z',~),~:~.~.4)e~7~[.~_.. to me known to be the person(s) who executed the foregoing instrument and acknowledge the same. Notary Public,/ ~'j~z ~5..,~d County My Commission (is permanent)~expires)