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HomeMy WebLinkAboutPIN 910-0857-0000 8 3 1 2 8 6 7 MORTGAGE Tx:4226794 ASSUMPTION AGREEMENT 172£892 Document Number Document Title REGISTER'S OFFICE This Mortgage Assumption Agreement is made and entered into this 17"' day 1lINNEBAGO COUNTY;W1RECORDED ON of ac(neer —2016 by and between the CITY OF OSHKOSH (CITY or 11/02/2016 9.15 AM LENDER)and DOREEN LOH,(DOREEN LOH or BORROWER). CHRISTOPHER L4R5®S14 1. The CITY is the holder and owner of a combined document consisting of a DEPUTY REGISTER OF DEEDS Mortgage Instrument and a Deferred Payment Promissory Note and Borrowe Certification(Loan Documents)that were filed with the Winnebago County Registe RECORDING FEE 3o.G() of Deeds on December 11,2008 as Document Number 1489405. PAGES. 2 2. The original borrower identified in the Loan Documents was Verona A.Loh,as the Recording Area owner ofthe subject property(Property)described as: Name and Return Address City Attorney's Office PO Box 1130 The North 75 feet of Lots 3,4,and 5 in FULLER'S ADDITION, Oshkosh,WI 54903-1130 101 Ward,City of Oshkosh,Winnebago County,Wisconsin 3. Verona A.Loh passed away on June 18,2012. Doreen Loh then filed a Personal Representative's Deed with the Winnebago County Register of Deeds on April 30,2015, 910-0857-0000 as Document Number 1686239,the effect of which the Property was solely owned by Parcel Identification No. Doreen Loh. 4. N/A 5. The terms ofthe original note and mortgage expressly prohibits the transfer,sale,or conveyance ofthe Property without the written consent of-the CITY. 6. The CITY is unwilling to give its consent to the transfer of the Property as described above without DOREEN LOH being qualified to participate in the CITY's Residential Rehabilitation Program,and without DOREEN LOH agreeing to assume all of the obligations heretofore imposed by the Loan Documents upon the original borrower. 7. Therefore,for and in consideration ofthe sum of$1.00,ofthe promise and mutual covenants in this Agreement,and other good and valuable consideration,the receipt of which is acknowledged byboth parties,the Loan Documents are assigned to DOREEN LOH,DOREEN LOH accept this assignment,and the CITY consents to the assignment of the Loan Documents to DOREEN LOH. S. DOREEN LOH expressly assume the Loan Documents and agree to perform all covenants,conditions,duties,and obligations contained therein and agree to pay the note and the obligations therein promptly in accordance with the terms thereof. 9. N/A 10. DOREEN LOH,individually,affirm,warrant,represent,and covenant the following: a- At this time they have no defenses or right of set-off against the CITY or against the payment, collection, or enforcement of indebtedness evidenced by the Loan Documents; b. They are aware of no acts that might prevent the CITY from exercising its rights outlined in the Loan Documents; C. They are prohibited for any reason from entering into this Agreement and meeting their obligations as set forth in this Agreement and in the Loan Documents; d. All financial information provided to the CITY are true and correct in all respects and accurately reflect the financial condition of DOREEN LOH. e. They are duly informed of all conditions and that they acknowledge that the Loan Documents and all terms therein remain in full force and effect,and there remains a principal amount owed to the CITY of Thirteen Thousand Nine Hundred Sixty Eight and NO/100 Dollars($13,968.00). 11. The recording of this Agreement with the Public Land Records shall evidence the closing ofthe transaction described herein. 12. This Agreement shall be governed,interpreted,and construed by,though,and under the laws ofthe State of Wisconsin,with the venue of any disputes being Winnebago County,Wisconsin. 13. This Agreement shall inure to the benefit of and be binding upon the parties hereto as well as their successors and assigns,heirs and personal representatives. [SIGNATURE PAGE FOLLOWS] 2� N WITNESS WHEREOF,the parties ve hereunto set their hands and seal as of the date above written. CITY OF OSHKOSH DO EN LOH1v7ai .Rohlof£City Mana� Pamela R.Ubrig,City Clerk STATE OF WISCONSIN ) ss. COUNTY OF WINNEBAGO ) Personally came before me this ILday of 2016,the above named Mark A.Rohlofi;CityManager,and Pamela R.Ubrig,City CIerk,to me known to be officers of the City of Oshkosh,a municipal corporation and who executed the foregoing instrument and acknowledged the same. Notary Public,State of Wisconsin My Commissionki naaea expires) ZC STATE OF )ss. COUNTY OF ) Personally came before me this day of 2016,the above named DOREEN LOH to me known to be the person who executed the foregoing instrument and acknowledged the s e. Q C_ 7— otary Public,State of `Y1—z� n My Commission$-fie (expires)." 7�- Document drafted by: David J.Praska Assistant City Attorney Oshkosh,Wisconsin