HomeMy WebLinkAbout711 Washburn Street
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September 8, 2006
~ US. Cellulm:
VIA CERTIFIED MAIL
City Attorney
City of Oshkosh
215 Church Avenue, P.O. Box 1130
Oshkosh, WI 54902
RE: Termination of Water TowerlLand OEtion and Lease Agreement
U.S. Cellular Site Name: Oshkosh 9 Ave WT
U.S. Cellular Site Number: 776319
To Whom It May Concern:
This letter is to notify you that United States Cellular Operating Company LLC,
as successor in interest to Cell One ("USCOC") has decided to terminate their Water
TowerlLand Option and Lease Agreement for the site located at 711 Washburn Street in
Oshkosh, Wisconsin pursuant to Section 11 of the Agreement dated May 13, 1998. The
site now longer acceptable for USCOC's engineering specifications. By sending this
Termination Letter, USCOC will extinguish its interest in the property.
Please note that the termination date will be October 15, 2006, and USCOC will
have equipment removed from the site by January 14,2007. Pursuant to Section 8 of the
Lease, please remit to USCOC a check in the amount of $6706.85 as reimbursement of
all prepaid rent that was paid to the City. The check should go to the attention of Wayne
Davis, at the address below.
USCOC thanks you for your assistance with this project through the last few
years.
Sincerely, ~~
onald L. Dicke
Real Estate Attorney -U.S. Cellular@
8410 West Bryn Mawr Avenue
Chicago, IL 60631-3486
Tel: 773 399 8900 Fax: 773 399 8936
www.uscellulm:com
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MORTGAGE
Document Number
Document Title
:L4:L:l.:l.43
REGISTER'S OFFICE
WINNEBAGO COUNTY~ WI
RECORDED ON
09/14/2006 09:42AM
CITY OfgSHKOSH
RESIDE.NT.' ..1. A..<LRE..... H. A.B~L. I.TA.. TIO. N }JRO. GRAM
DEFERRED PAYMENT LOAN
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE
TRANSFER FEE
, OF PAGES
13.00
2
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 Recordin~ Area
Name and Return Address
in the amount of FIFTEEN THOUSAND EIGHT HUNDRED FOURTY NIN
DOLLARS and NO/IOO ($15,849.00) for the rehabilitation, preservation an
enhancement of owner occupied residential real property which is commonl
known as 1 17 Brockway Avenue,. Qshkosh,and legally described as being in .
Winnebago County, State of Wisconsin: .
City Attorney's Office
Oshkosh, WI 54902-1130
Lot 20, BROCKWA YS SUBDIVISION, 14th Ward, City of Oshkosh
___914-0164-0000______
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 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 U.S. Bank illt~e amount of$61,000 and recorded in Register of Deeds office on 5/25/05 as Doc. No. 1356087.
Second mortgage to City of Oshkosh in the amount of $5,000 and recorded in Register of Deeds office on 5/25/05 as Doc. No. 1356088.
Third mortgage to Winnebago County Housing Author,ity in the amount of$9,500 and recorded in Register of Deeds office on 5/25105 as Doc. No.
1356089.
Fourth mortgage to Associated Bank in the amount of $9,000 and recorded in Register of Deeds office on 5/25/05 as Doc. No. 1356090.
I will keep the mortgaged property free from any lien or encumbrance superior to the lien of this mortgage, except for those
noted above.
I agree to this mortgage on a condition that, ifI pay to mortgage lender the full amount ofthe 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,
thenote secured by this mortgage and the property described above. I will deliver to mortgage lender, upon demand, a
receipt showing due paymen'iofanytax 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 will make sure the City of Oshkosh is listed as a JIlOngage holder
on the insurance policy.
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 (I 5) 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.
1 '1'~ _______~_!'--_~ _L:'.Ll_~_ _____.....L____ __.':11 .__.L _.c~__LLL_
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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 ofthe 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 s~cured 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 "I" ALSO INCLUDES THE PLURAL "WE" IF THERE IS MORE THAN
ONE SIGNATURE APPEARING BELOW)
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Dated this JJ day of
.Au.~~
,2006
(SEAL)
(SEAL)
AUTHENTICATION
ACKNOWLEDGEMENT
Signature(s)
STATE OF WISCONSIN )
WINNEBAGO COUNTY )
Authenticated this ______day of
20___
PRINTED NAME:
TITLE; MEMBER STATE BAR OF WISCONSIN
Personally came before me this -3./Lday of Q-'4I~ 20~
the above named d~<IJ.€>.4-k ~"'~ (J
(If not,
authorized by See 706.06, Wis Stats)
Notary Public, County
My Commission (is perma t) (expires)
O~ ~c1 20~
(Signatures may be authenticated or acknowledged. Both
are not necessary.)