HomeMy WebLinkAbout1646 Witzel Avenue 80 3 0 3 5 37
MORTGAGE Tx':4234910
Document Number Document Title 1731291
REGISTER'S OFFICE
CITY OF OSHKOSH WINNEBAGO COUNTY,W1
RESIDENTIAL REHABILITATION PROGRAM PECORDED ON
DOWN PAYMENT ASSISTANCE 01105/2017 9;42 AM
DEFERRED PAYMENT LOAN NATALIE S7ROHMEYER
REGISTER OF DEEDS
I hereby mortgage,convey and warrant to the CITY OF OSHKOSH,a RECORDING FEE 30.00
Municipal Corporation located in Winnebago County,Wisconsin PAGES: 3
(mortgage lender),in consideration of my receiving a deferred payment
loan in the amount of TEN THOUSAND DOLLARS and NO/I 00
($10,000.00)as down payment assistance for the acquisition of the RecordingArea
owner occupied residential real property which is commonly known as Name and Return Address
1646 WITZEL AVENUE,Oshkosh,and legally described as being in City Attorney's Office
Winnebago County,State of Wisconsin: Oshkosh,w154903-1130
The West 100 ft.of the South 178 ft.excluding the South 33 ft.of the __W6-1148-0000
SE 1/4 of the NW 1/4,Section 22-18-16,6`b Ward,City of Oshkosh, Parcet Identification No.
Winnebago County,Wisconsin
This is homestead property.
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 US Bank National Association,or its successors,in the amount of$57,600.00 dated on or
about December 12,2016.
Third mortgage to Oshkosh/Winnebago County Housing Authority in the amount of$5,003.00 dated on or
about December 12,2016.
1 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 I pay to mortgage lender the full amount of the 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 of the 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 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 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.
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 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 "I" ALSO INCLUDES THE PLURAL "WE" IF THERE IS MORE
THAN ONE SIGNATURE APPEARING BELOW)
Dated this _ __day of ,!CP / 2016
IFF&IFER M.NYORG
i
STATE OF WISCONSIN )
WINNEBAGO COUNTY )
Personally came before me this /"�ay of b(!-C.tm 6C, 2016 the above named Jennifer M.Morgan tome
known to be the person(s)who executed the foregoing instrument and acknowledge the same.
otary ublic, 1ll11 C my
Y CQmmissi n(is ermanent)(� ires)
Fr(,L��Ics� / 20 a"113
STEPHANIE SCHULTZ
Document drafted by: Plotary Public
Attorney Lynn Lorenson,Oshkosh,WT State of Wisconsin
RE: 1646 WITZEL AVENUE,OSHKOSH,WI
DEFERRED PAYMENT PROMISSORY NOTE AND BORROWERS CERTIFICATIONS J
HOMEBUYER ASSISTANCE
As an applicant for a loan to be financed by the City of Oshkosh Housing Improvement Homebuyer
Assistance Program,I hereby acknowledge and agree as follows:
1) I authorize the City of Oshkosh to make any and all documents pertaining to this loan available
to the Department of Housing and Urban Development(HUD),the City of Oshkosh or their agents.
2) 1 certify that I have record title to or an equitable interest in the property to be acquired and will
occupy it on a permanent year-round basis.
3) I am aware that any false statement or misrepresentation made in connection with this loan may
subject me to criminal and civil penalties under United States and Wisconsin law.
4) On or before the sale or transfer of property which is secured by a mortgage of even date
herewith,for value received,the undersigned,(their)heirs,executors,administrators,and successors,or
if this property should cease to be occupied by the undersigned,jointly and severally promise to pay to
the order of the City of Oshkosh,Winnebago County,Wisconsin,at the office of the Department of
Community Development,City Hall,215 Church Avenue,Oshkosh,Wisconsin,the principal sum of
TEN THOUSAND DOLLARS and NOJ100($10,000.00).
5) 1 agree to provide my household income information to staff of the Department of Community
Development upon request so long as the mortgage securing the City's Homebuyer Assistance loan is in
effect. If my household income is ever higher than 80 percent of the HUD median income guidelines
for a given year,I further agree to negotiate a loan repayment schedule with the staff of the Department
of Community Development.This payment shall be at a level such that my total housing related
payments do not exceed 30 percent of my gross household income. I understand that when I reach the
age of 62,this provision does not apply.
6) I will notify the City of Oshkosh Department of Community Development,215 Church Avenue,
P.O.Box 1130,Oshkosh,Wisconsin 54903-1130 UPON THE TRANSFER OF THE PROPERTY OR
WHEN IT CEASES TO BE MY PRINCIPAL PLACE OF RESIDENCE.
(PLEASE NOTE THE SINGULAR I ALSO INCLUDES THE PLURAL"WE"IF THERE IS MORE
THAN ONE SIGNATURE APPEARING BELOW)
This note is secured by mortgage on real estate of even date herewith.
Dated this Q day of / '2016.
"R'M.MO GAN