HomeMy WebLinkAboutWarranty Deed/0402340000 Warranty Deed 8 Tx:4060229 0
O77 /788a 1633711
Document Number Document Title
REGISTER'S OFFICE
MARVIN A.TELLOCK&KATHRYN A.TELLOCK,and MARVIN WINNEBAGO COUNTY, WI
RECORDED ON
A. TELLOCK & KATHRYN A. TELLOCK TRUSTEES under the
Marvin A. and Kathryn A. Tellock Living Trust dated June 28, 1993 and 04/04/2013 09:58 AM
SHARON K. PONGRATZ, JAMES M. TELLOCK, PAMELA D. ]ULIE PAGEL
LUEDTKE, SHEILA L. LUEDTKE, MAUREEN F. CARPENTER REGISTER OF DEEDS
AND DARWIN E. TELLOCK, grantors, convey to
REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH,a RECORDING FEE 30.00
separate body politic, located in Winnebago County, Wisconsin, the 12
Recording Area
following described real estate in Winnebago County, State of Wisconsin:,Name and Return Address
The North 56 feet, front end rear, of the East Half(E 'A) of Lot Seven(7) Block City Attorney's Office
Seventy-two,in the Forth Ward,City of Oshkosh,Winnebago County,Wisconsin, Oshkosh,WI 54903-1130
per Leach's Map of 1894,subject to use of the South 3 feet together with the 3 feet
adjoining the same on the South as a common driveway.
Commonly known as 675 Jefferson Street. 904-0234-0000
Parcel Identification Number
Grantors terminate and release the Power of Appointment retained in (PIN)
Quit Claim Deed Doc. No. 1242812 as recorded at the Register of Deeds
office, Winnebago County, Wisconsin.
This is not homestead property.
Exception to warranties: Zoning provisions, easements, and other restrictions of record.
Dated this day of February, 2013.
Oictiviri414 -61,1°`-h °21/ovvlivsit fq
Marvin A. Tellock Marvin A. Tellock, POA
For Kathryn A. Tellock
Marvin A. Tellock and Kathryn A. Tellock, trustees, under the Marvin A. and Kathryn A. Tellock Living
Trust dated June 28, 1993
fearvm ret A. Tellock, Trustee Maureen . ".0 .; ter, Co-Trustee Sheila L. Luedtke, Co-Trustee
for Kat A. Tello k for Kathryn A. Tellock
Sharon K. Pongratz / James M. ellock
Pamela D. Luedtke Sheila L. Luedtke
F.
M ureen F. Carpenter Darwin E. Tellock
STATE OF WISCONSIN)
)SS.
WINNEBAGO COUNTY)
/hutch
1 Personally came before me this day of-February,2013,Marvin A.Tellock,Sharon K.Pongratz,James M.Tellock,Pamela D.
Luedtke,Sheila L.Luedtke,Maureen F.Carpenter,&Darwin E.Tellock,to me known to be the persons who executed the foregoing
instrument and acknowledged parpe.
! ,
Notary Public,Winnebago Co.,WI
My Commission 9''T-/(O
rr:
This instrument drafted byi '-
Attorney Lynn A.Lorenson f •
Oshkosh,WI 54901-1130 '
r r
DURABLE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,that I, Kathryn Tellock of Winnebago County,
Wisconsin, hereby revoke my former durable power of attorney, and have made, constituted and appointed
and by these presents do make, constitute and appoint Marvin Tellock, or in the event he is unable or
unwilling to act,then Maureen Carpenter,my true and lawful agent("Agent"), for me and on my behalf
and in my name, place and stead:
1. Conduct banking. To open, continue, maintain, change, or close accounts as with banks
and other financial institutions; including the right to change ownership status of accounts, from solely
owned to joint, or payable on death designations or any other form of ownership, and the naming of
beneficiaries on such accounts, including to my agent; and make deposits and withdrawals by check, draft,
or otherwise; to endorse checks,notes and drafts for deposit,collection, or otherwise;to use money in such
accounts to pay accounts and bills incurred by me or for my health, support, maintenance, and education,
and that of my spouse and dependent child(ren); and to do whatever else is necessary or proper for the
conduct of my business and personal affairs;
2. Endorse. To accept or endorse any notes, checks, bills of exchange, letters of credit or
other instruments;
3. Safe Deposit Box. To have access to any safe deposit box of mine wherever located, and
to remove the contents and surrender the box,as Agent sees fit. Any institution in which a safe deposit box
of mine is located shall not be liable to me, my heirs or beneficiaries for permitting Agent to exercise this
power;
4. Debts. To pay and discharge all debts and demands due and payable, or which may
hereafter become due and payable by me unto any person or persons whatsoever;
5. Claims. To ask, demand, sue for and receive all sums of money, securities, debts, dues,
accounts, legacies, bequests, devises and inheritances now or which may hereafter become due and payable
to me in any manner whatsoever, and to compromise and settle any claims therefor; and upon receipt of
such sums or property or any sums due in settlement of claims therefor, to sign, seal, execute and deliver all
necessary releases, satisfactions and discharges therefor;
6. Manage Real Estate. To manage, let,sublet and convey any real estate or interest herein
now belonging, or that may hereafter belong, to me, to enter and reenter upon the same, taking possession
thereof from time to time, to give notices to quit, of termination and the like, to collect all rents due and to
become due, with power to institute actions at law in my name and to conduct all manner of procedures at
law with respect thereto;
7. Buy or Sell Real Estate. To purchase, acquire or hold real estate or real estate options or
any interest therein for any price or consideration and upon any terms, covenants or conditions; to grant,
bargain, sell, transfer and convey, exchange or dispose of any and all real estate or interest therein which I
may have or may hereafter acquire for any price or consideration, and with any reservations, restrictions or
conditions; to receive the purchase money therefor without any obligation on the purchaser to look to the
application of such moneys; and to sip, seal, execute, acknowledge and deliver the fall de ds conveyances,
contracts or other instruments necessary or desirable in connection To sell, of
or purchase, or otherwise
g. Sell or Purchase Personal Pr o e
acquire, all shares of stocks, bonds, securities, mortgages, goods, automobiles, merchandise, effects or u
other personal property upon deem advisable;
on such terms and for such prices as Ag ent may and change without liability the
9.
Invest. To invest, reinvest, keep invested, alter, vary estments
r
moneys and assets now or hereafter belonging to me in such stocks, bonds, securities, nvv stments or
evidences of indebtedness as to Agent may seem prudent and desirable,
annuity contract on my
purchase of endowment, whole life, term or any other form of insurance lwi pout Agent being confined
life, it being my intention to give Agent the broadest powers of investment,
to such as are from time to time usually termed "legal investments"; and the right to change
on or ownership
d
status of investments or accounts from solely owned to joint or payable on death designation
death designation or any other form of ownership, and the naming of beneficiaries on such investments
and/or accounts, including the right to make such transfer or change to my Agent;
]0
ets and! to
Retain Cash. To retain cash and/or the proceeds from the sale of such ssef time, in
postpone the investing of such moneys or assets in the manner herein rovided for such peso
the sole judgment and discretion of Agent, as Agent may deem advisable;
a application or applications for
1 1 Register and Insure Auto_ m To make any pP name and
registration of any automobile or automobiles that I may at any time own, and to purchase in my
for my account and to assign and transfer insurance covering
the ownership and operation of the same;
12. Vote Stock. To vote any and all shares of stock owned by me a n meeting, to
stockholders in person or by proxy, upon any and all matters that may be submitted at such
sign for waivers of notice of any such meeting; to exercise any other powers or rights as stoc a 1 onderest and
13. Collect Interest and Dividends. To collect and receipt any
dividends on mortgages,stocks or other securities now or hereafter belonging to
14. Mona a Business. To manage or continue the operation of any business belonging to me
may have an interest for such time and in such manner as Agent may deem advisable able and
or inwhichI y
or liquidate any such business or interest at such time and on such terms as Agent may deem advisable
in my best interest; mortgage now or
15. Satisf Mortgages. To enter satisfaction upon o assign any
hereafter in my name, and to execute releases thereof, or to sell g nhe same, and to transfer or
change policies of insurance in connection therewith; portion of my assets
16. Borrow Money. To borrow money and to
to me, secure
gthe repayment of money so
and securities, real or personal, now or hereafter belonging notes or other obligations of
g
borrowed, to execute notes or other instruments for the same, to renew any such
mine now existing and to pledge and repledge any portion of my assets as aforesaid to secure any
notes;
-2-
17. Lawsuits. To commence and prosecute or defend and/or settle or compromise any claims,
suits or actions or other roceedings at law or in equity now instituted or to be instituted which Agent may all dvisable or which may have been or may be brought against me, and in eaf wh ther suits,oc ion s or
deem a urisdiction they ,
proceedings for me to appear and plead before any courts having j
appellate jurisdiction;
18 Reyes. To execute all releases and discharges of all claims which 1 have or may have,
arising in contract,tort or trespass;
before the
19. Representation Before Taxin Auth_ S. To represent and any for or Municipal
Treasury Department of the United States or any
branch or subdivision thereof, a
authorities, in all matters pertaining to Federal, State or Municipal taxes;to examine all returns,records and reports,receive
autho ,
all communications with reference to such taxes; to execute, of file tax
or compromise and powers of
applications, elections, waivers, claims for refund, agreements gift or other tax returns or amended
attorney;to join with my spouse or my spouse's estate in filing income, g.
efts made by my
returns for any years and to consent to any gifts spouse as being one-half by me for gift tax from the Treasury Department;
ney
purposes; to receive, endorse and collect all checks for refunds
do in all matters pertaining to
and in general to do all manner of things which I might personally or
Federal, State or Municipal taxes;
20. Social Secure . To represent and act for me before the Social Security Administration s i f
the United States, and any similar agency of a state or local government; to collect enefits as pia facilitate
e ui
benefits due me; and to make such arrangement in connection with social security
its application to my care and support; reasonable
21. Em to agents• To appoint,employ and dismiss from time to time, and to pay
agents, attorneys, investment advisors, accountants, property managers,
Y
compensation and fees for, g aramedical assistance and other
housekeepers, physicians, surgeons, dentists, medical specialists, nurses, p
care providers,to render services for or to me or my estate; and all
22. Medical records disclosure. To authorize the use or dnorequested s fromsany physician,
medical records and information and to orally receive all information hehys care
surgeon, hospital, nursing home, or other health care provider, and I hereby authorize any
provider to release to Agent any information from my
health care record regarding diagnosis and treatment;
Agent shall be considered my "personal representative" under the Health
Further, my A g
Pub. L. 104-191),45 CFR Section ]60 through 164
Insurance Portability and Accountability Act of 1996, ( power to make decisions related
("HIPS`") and, more specifically, 45 C.F.R. 164.502, and shall have the p
to my health care as required by the United States Department of Health and Human Services Office of
Civil Rights Guidance Explaining Significant Aspects of Privacy Rule, Personal amended from time-to-time;tve Representatives, found at
C g
<<w hhc aov/ocr/hioaa/privacy.html»,December 4,2002,as may bhe mh care providers,health plans,
My Agent is hereby authorized to receive from each of my of m health information(i.e.,
health care clearinghouses, and any other Covered Entity under HIPS"protected health information" as defined
"patient health care records" as defined in Wis. Stat. §146.81(4), p
-3-
individually identifiable health care information as may be requested by my
in 45 C.F.R. 160.103), or any rnd Y my Agent shall have access to any and all medical
Agent pursuant to Wis. Stat. §
146.81(5). Accordingly, y g
records, medical history, including mental health records, billing and all other information related to my
medical care and mental health. All third parties, including the Veterans Administration, Medicaid and
agencies insurance companies, physicians, pharmacists, healthcare facilities and mental healt
Medicare ah
g
ted living facilities, community based residential facilities, nursing homes, linics, hos iand ls
facilities, assts with my Agent's reques
and all other providers of my medical care shall comply
accept any waivers, releases and revocations executed by my agent;
privacy ri hts 1 may have. My
My Agent is authorized to waive all medical and other documents necessary in order to obtain
Agent is also authorized to execute any and all releases an
re of my patient records and other medical information subject to and protected ected under HIPA ; my for disclosure Y point a Patient Advocate My Agent shall also be authorized to appoint
other person or entity. My Patient Advocate shall have the same.rights a ask uestit as and Agent or any o person treatment, and any propo
receive information regarding my my
medical condition(s), treatment,
Agent would have,and the right to be in attendance at all times; g
A ent in
The purpose of disclosures pursuant to this H1PAA authorization i!s to assist my
for payment of my health care,and also for any
making or assisting in making healthcare decisions for me, f Agent deteGmines to be in my best A
other purpose as contemplated in 45 C.F.R. 164.510(b) or as my g
interest;
23. Ins u
_ rance and annuities. health, life and property, including
(a) To purchase and pay for insurance insuring my
without limitation health, life, accident, disability, property,
casualty and liability insurance; to make
necessary to
claims; to settle, compromise and adjust claims; to surrender and cancel insurance policies; of
borrow from insurers and third parties using insurance policies as collateral; to and of
policy proceeds; and to exercise any all
insurance policies; to change beneficiaries; to disclaim any Po Y P policies and to annuitize
incidents of ownership; and to invest in, exchange, rollover, or liquidate annuity p
and otherwise manage such policies or payments from said policies; but not limited
(b) To execute all necessary instruments for health insurance, including nested by
to any instruments for health insurance, including but not limned to any
instruments Ieq
rivate insurer, for the purpose f submitting claims an
collecting
Medicare, Medicaid or a P remiums, and or any other
reimbursements, initiating, canceling or renewing coverage and p ying of p
purpose Agent believes necessary;
24. Individual Reime!t Acs o°nts 1 and Ot er RetiQ°t$e rts' To liquidate,
rollover, annuitize, name and re ame death beneficiaries for otherwise
surrender, invest in, exchang e,
IRAs or retirement plans that I own or any payments fr om such plans that are duelto me;
manage any benefit or for estate
25. Create a Trust. To create revocable or irrevoc•.ble trusts for my
planning purposes and to transfer to such trusts any of my assets;
-4-
26. Act as Trustee of Trust. To act, in my place,as trustee,pursuant to the powers granted to
nder an trust document, of any and every trust of which 1 am currently or may become the
the trustee u Y
trustee; whether real or personal, to the trustee of a trust
27, Fund a Trust. To transfer my property,
created by
me or Agent during my lifetime, and to designate the trustee as beneficiary of the proceeds of
life insurance on my life;
28. Make Gifts. To make gifts in my name and on my behalf if Ag ent believes the gifts will
estate;to make gifts to my spouse and/or my issue,or
provide tax or other economic benefits for me or my last Will or other testamentary instrument, including
my natural heirs at law, or my heirs as set forth in my
Agent,but in such case,my Agent shall make equivalent gifts to all others similarly situated. In
gifts to my Ag Agent, in his sole discretion has
order to preserve as much of my estate as is possible in the event my g
t I ma need nursing home or other long-term care and that I will receive medical
or
f
determined tha Y
equal or similar quality if I am a recipient of Title;XIX or other public benefits, then my Agent
►an divestments in accordance with the law, while retaining enough assets to pay for my
nursing home
P.
care prior to the time I can qualify for Title XIX; 1
29
Power to Discim• Release or At_ andon props R— hts' To renounce means I may become
or interest in property or powers to which for any reason and by any roe or interest in
any property
entitled, whether by gift or testate or intestate succession; to release one andon any
rights over trusts interest
to
property or powers which I may now or hereafter own,including any g given by
exercise any right to claim an elective share in any estate or will and in exercising
shall the discretion g ve any
this power, my Agent may take into account such matters as shall include, but
reduction in estate or inheritance taxes on my estate, and the effect of such renunciation or disclaimer upon
s interested in my estate and persons who would receive the renounced or disclaimed properly,
persons �
which rights
would include any and all property to which I may become entitled in any trust. I expressly
waive any conflict of interest that may exist by my Agent exercising thisl power;
Marital Ag eme ts• To enter into, amend, alter, or rescind marital property agreements
30. ---"—"" authorized agent under a durable power of
with my spouse or with my spouse's attorney-in-fact or duly
attorney or my spouse's guardian; my whereby
personal car contracts on m behalf,
31. Personal Care Contracts. To enter into P en to provide assistance to me with
my agent would employ a caregiver, which could include my agent; o P clothing and
household duties, such as cleaning, minor repairs and maintenance; laundry services; grocery,
h but is not limited to, assistance
personal care, which includes,
other shopping services; meal preparation; p dressing bathing, mobility and ambulation,
grooming, g
with the activities of daily living, such as eating, work and leisure; and
object manipulation, or any other activities relating to the performance of self-care,
general supervision to prevent injury or elopement. give any
32. Title XIX Bets. To make application for Title XIX benefits for me and to g
and all documents and papers and
information to the Title XIX Department relating thereto d droes� ary Title XIX application;
instruments for me and in my behalf necessary to make and p c
-5-
1
33. Power of Substitution.itution. To substitute and appoint from time to time an agent or agents
with the same or more limited powers, and to remove the substitute or substitutes and appoint another or
others;
34. Reimbursement. Agent shall recover all reasonable costs and expenses actually incurred
and paid by Agent on my behalf pursuant to this durable Power of Attorney, but Agent is not otherwise
entitled to compensation for services rendered under it;
35. General Grant of Power. To do, in addition to the powers herein specifically set forth,all
other acts or things whatsoever and to exercise all other power on my behalf, regardless of whether or not
referred to hereinbefore, as fully as though herein specifically expressed, which in the sole discretion of
t or
Agent may be deemed advisable to be done for me and in my name, as fully and completely pletely as I mighand
could do personally, giving and granting unto Agent for the said purpose full authority to have, use and take all lawful means in my name for the purposes aforesaid. The enumeration
of the specific powers conferred herein shall not be deemed to exclude any other power, it being my
purpose and intent to give Agent power to do any and all things on my behalf as fully as I could do myself;
36. Durable Power. This durable Power of Attorney shall not be affected by disability,
incapacity or incompetence of the principal. All acts done by Agent during any period of my disability,
incapacity or incompetence shall have the same effect and inure to the benefit of and bind me or my
successors in interest as if I were competent and not disabled;
37. Passage of time. This Power of Attorney shall not be affected by the passage of time.
38. Post-death Power. I hereby declare that in case of my death this durable Power of
Attorney shall, as to all matters and things done by Agent after my death, by authority or under color, or in
pursuance hereof,be as binding upon my personal representatives as the same would have been upon me if
living, unless Agent so acting shall, previously to the doing of any such matters or things, receive actual
knowledge of my death,at which time the authority conferred hereby shall terminate;
39. Residency. To establish a new residence or domicile for me, from time to time and at any
time, within or without the state, for such purposes as my agent shall deem appropriate, including, but not
limited to,any purpose for which this power of attorney was created;
40. Sever___ a_billh'• Invalidity of a provision of this durable Power of Attorney shall not affect
another provision;
41. Photocopies. It is my desire that photocopies, faxed or other electronic copies of this
Power of Attorney shall have the same force and effect as an original. If 1 become domiciled in any state
other than Wisconsin I direct that this Durable Power of Attorney remain effective and be construed in
accordance with any statute or law which may be applicable in said state.
42. Multiple agents. If I have designated multiple agents separated by the word "or" and in
the event these agents cannot come to a unanimously agreed upon course of action,
the decision of the
majority of my agents shall control; provided, however,
this provision shall not apply if my spouse is
designated as my agent. In such event, my spouse shall have sole decision making authority. If no
majority can be established, priority for decision making authority on my behalf shall be bestowed upon
-6-
my agents in the order they are listed, i.e., if my multiple agents cannot come to a unanimous decision and
no majority decision can be made, the first agent listed shall have sole decision making authority. If the
first agent listed is unable or unwilling to exercise said authority, the second agent listed shall have sole
decision making authority,and so on.
43. Accounting. In the absence of a breach by my agent of my agent's duties, no agent shall
be required to account to any court. However, if I have designated multiple agents separated by the word
"or", any agent may request of any other agent to provide an account showing in detail a beginning and
ending inventory of all of my assets and liabilities, and all receipts and disbursements during the
accounting period. Unless the account is objected to in writing within 60 days from its rendition, the
account and all transactions set forth therein shall be deemed settled and approved as stated. In the
alternative, my agent may settle the account pursuant to the laws of the state of my domicile as if my agent
were a court-appointed guardian of my estate.
44. Guardian. In the event it is ever necessary that a guardian be appointed for either my
person or my estate,I hereby nominate my agent(s) in the successive order in which my agent(s)is or are
listed to act as said guardian. I also request that no bond be required. a-/1 IN WITNESS WHEREOF, I have hereunto affixed my hand and seal on
ICe4
athryn Tellock
STATE OF WISCONSIN )
)ss.
OUTAGAMIE COUNTY ) I^
Personally came before me on \--CO NU the above-named to me known to be the
person who executed the foregoing instrument and acknowledged the same.
Notary Public,Wisconsin /1
My commission expires 11,1 j I
This instrument was drafted by
Reg P. Wydeven
McCarty Law LLP
2401 East Enterprise Avenue
Appleton WI 54913
(920)882-4070
Rev. I 0/10/08
-7-