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Home My WebLink About326 E Lincoln Avenue 11/15/2007 -'~ Document Number , MORTGAGE Document Title 1454098 REGISTER'S OFFICE WINNEBAGO COUNTY. WI RECORDED ON 11/20/2007 10:23AK JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 13.00 TRANSFER FEE # OF PAGES 2 ~:t,-; ..., ':",""!t CITY OF OSHKOSH RESIDENTIAL REHABILIT A nON 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 THIRTEEN THOUSAND SIX HUNDRED THIRT DOLLARS and 59/100 ($13,630.59) for the rehabilitation, preservation and enhancement of owner occupied residential real property which is commonl known as 326 E. Lincoln Avenue, Oshkosh, and legally described as being in Winnebago County, State of Wisconsin: Recording Area _ Name and Retnrn Address ) City Attorney's Office ( Oshkosh, WI 54903-1130\' The East 1/3 of Lots 6 & 7, and the East i/3 of the South 4 feet of Lot 5, Block P, in BALDWIN KNAPP & FITZGERALD ADDITION, 10th Ward, City of Oshkosh _910-0298-0000_ 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 Anchor Bank in the amount of $78,000 and recorded in Register of Deeds office on 4/9/07 as Doc. No. 1431031. Second mortgage to City of Oshkosh in the amount of $4,000 and recorded in Register of Deeds office on 4/9/07 as Doc. No. 1431032, Third mortgage to Winnebago County Housing Authority in the amount of$II,OOO and recorded in Register of Deeds office on 4/9107 as Doc. No. 1431033. Fourth mortgage to Anchor Bank in the amount of $5,000 and recorded in Register of Deeds office on 4/9/07 as Doc. No. 1431034. 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, if! 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, 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 ofthe property and pay the premiums thereon when due. I will make sure the City of Oshkosh is listed as a mortgage 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! 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. 1- ., ~... ::",..:.'"ii .... ~ ....""",.~ 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 ofthis mortgage. The entire indebtedness under the note secured by this mortgage shall be<;ome 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) Dated this J6rH day of NOVf111 'f!.J611-. , 2007 ~~~v~ ~ ~JAVIER (SEAL) (SEAL) AUTHENTICATION ACKNOWLEDGEMENT Signature(s) Authenticated this _day of 20_ STATE OF WISCONSIN ) WINNEBAGO COUNTY ) PRINTED NAME: TITLE: MEMBER STATE BAR OF WISCONSIN Personally came before me this J6I1f day of J1a V 2001 t~Si'.e ,~amed 14-r" 'I, 1\1'. 1'(1) \tJ ('_ IJ- f I fVF1ftt d- ~'lJIO :JI'" t::J/~ (If not, authorized by See 706.06, Wis Stats) (Signatures may be authenticated or acknowledged. Both are not necessary.) Document drafted by: Lynn Lorenson, Asst. City Attorney, Oshkosh, WI