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HomeMy WebLinkAbout2785 Fond du Lac RoadMORTGAGE Document Number 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 defmxed payment loan in the amount of NINETEEN THOUSAND ONE HUNDRED THIRTY-ONE and NO/100 Dollars ($19,131.00) for the rehabilitation, preservation and enhancement of o~vner occupied r~sid6ntial rea! property which is commonly known as 2785 Fond du Lac Road and legally described as being in Winnebago County, State of Wisconsin: See legal description on bottom of next page REGISTER'S OFFICE WINNEBAGO CGUNTY~ WI RECORDED ON 08/26/2003 01:44PM SUSAN WINNINGHOFF REGISTER OF DEEDS RE~PJ)IN~ FEE 13,~ I~N.SFER FEE :)OF PPiS ~ Recordin~ Area Name and Return Address City Attorney'sOffice Oshkosh, WI5490~ll30 ' 914-1320-51 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 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 Anchor Bank, SSB in the amount of $49,500 and recorded in Register's Office on Oct I2, 1998 as Doc No 1029539 Second mortgage to Anchor Bank SSB in the amount Of $5,292.37 and recorded in Register's Office on Sept 17, 2001 as Doc No 1146459 I ~vill keep the mortgaged property free from any lien or ~ncumbrance superior 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 mount of the deferred payment loan secured by this mortgage an___d_ 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 ~vhen 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 propm-ty. 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 ~vill, 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 ',x~erk 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 writtma 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 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 S ON^TURE PE "O' ELOW) Dated this /~ day of ~.c(~/ ,2003 COLLEEN M. S~ERING .(SEAL) (Mortgagor) 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 COUNTY ) th~ above named Colleen M. to me known tO be the person(s) who executocl*the forsgol,ng nstrument and acknow edge the sa~ ec~., .,. Notary Public, bk'?l ~, f k~ c~.t> ~Codnty My Corgm ss on (is-pc .~ent)'~spires~) LEGAL DESCRIPTION That part of Lots One (1) and Two (2) in PLAT OF II.A. GALLUP'S R.R. ADDITION formerly in tile Town of Algoma, now in the Fourteenth Ward, city of Oshkosh Winnebago.County, W~sconsin described as follows, viz: Commencing in the center line o'f Nlghway, as located November 22, ~909 (said Ilighway being now known as U.S. Highway No. 41), at a point where the extended boau e.ay line of said Lot '2 intersects the same; thence Southeasterly along the center line Of said llighway, as located November 22, 1909, 1.96 chains, the place of ,beginning; thence Northwesterly along the center line of Highway, as located November 22, 1909 180 feet; thence Southwesterly parallel with the Northerly line of said Lot 2, to the Easterly line Of the Right of Way of the Eastern Wisconsin Railway andLight Company; thence Southeasterly along the Easterly line of said Right of Way to a point where a line that is parallel with the Northerly line Of said Lot 2 and running Southwesterly from the place Of beginning, intersects the same; thence Northeasterly parallel with the Northerly line of said Lot 2, to the place of beginning, except therefrom the Southerly 120 'feet, (measured along the center line of said Highway) thereof. Tax Key No. 914-1320-51