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HomeMy WebLinkAbout612 W 7th AvenueDocument Number I MORTGAGE Document Title CITY OF OSHKOSH RESIDENTIAL REHABILITATION PROGRAM DEFERRED PAYMENT LOAN I hereby mortgage, convey and warrant to the CITY OF OSHKOSH, a Municipal Corporation located in Winnebago County, Wisconsin (mortgage lender), in consideration of my receiving a deferred payment loan in the amount of THIRTY-FOUR THOUSAND THREE and NO/100 Dollars ($34,003.00) for the rehabilitation, preservation and enhancement of owner occupied residential real property which is commonly known as ~12 West 7th Avenue and legally described as being in Winnebago County, State of Wisconsin: Lot 82, City's Replat No. 3, 6th Ward, City of Oshkosh REGiSTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 08/26/2003 01:44PM SUSAN WINNINGHOFF REGISTER OF DEEDS F~COttl)ING FEE 13, ~ IRP~FER FEE ~ OF I:)A~ES 2 Area Name and Return Address City Attorney's Office Oshkosh, WI 5490~1130 906-0188-0000 Parcel Identification No. This is homestead 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 ail 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: NONE I will keep the mortgaged property free from any lien or ancumbrance superior to the lien of this mortgage, except for those noted above. I agree to fnis mortgage on a condition that, ifi pay ~o mortgage lender the full amount of the deferred paymcnt lomu 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 will 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. I agree to keep the mortgaged property in good condition and repair. I will not do anything to diminish or impair the value of the mortgaged 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 I fail to act according to the terms and conditions 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, I hereby waive my right to notice. I understand that the mortgage lender is not responsible for the work performed by any contractor on my prOperty, whether paid for out of deferred payment loan funds or otherwise. Unless otherwise required by law, the invalidity or unenforceability of any provision of this mortgage will not affect the validity or enforceability of any other provision. All the terms, conditions and covenants of this mortgage will be binding on my heirs, legal representatives, successors or any other individual to whom an interest in the 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 whtten consent o£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 propm'ty, 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 transfer, 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) Datedthis [6 dayof AOOO~5" 2003 HENRY L. WEST (SE m) AUTHENTICATION ACKNOWLEDGEMENT Signature(s) Authenticated this day of 20 STATE OF WISCONSIN ) WINNEBAGO COUNTY ) 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.) Personally came before me this i.5 day of~At~/,tq- 20(~ the above named Henry L. and Terri~M~ ~2 ................. to me known to be the person(si who execute~i the foregoing instrument and acknowledge the same Notary Pubhc, k5 ~ ~,~ b~t .~.4~ : @i~nty My Corfanission (N