Fill - Free fillable State Bar Of Wisconsin Form 21-2003 MORTGAGE ("Mortgagor," (Waukesha County Government) PDF form

occasioned by fire, extended coverage perils and such other hazards as Mortgagee may require, without co-insurance,

through insurers approved by Mortgagee, in the amount of the full replacement value of the improvements on the

Property. Mortgagor shall pay the insurance premiums when due. The policies shall contain the standard mortgage

TAXES. Mortgagor promises to pay when due all taxes and assessments levied on the Property or

upon Mortgagee's interest in it and to deliver to Mortgagee on demand receipts showing such payment.

FIXTURES. Any property which has been affixed to the Property and is used in connection with it is

intended to become a fixture. Mortgagor waives any right to remove such fixture from the Property which is subject

to this Mortgage.

COVENANT OF TITLE. Mortgagor warrants title to the Property, except restrictions and

easements of record, if any, and further excepting:

State Bar of Wisconsin Form 21-2003

MORTGAGE

Document Number Document Name

its successors or assigns ("Mortgagee," whether one or more), to secure

evidenced by a note or notes, or otherpayment of $

obligation ("Obligation") dated

executed by

to Mortgagee, and any extensions, renewals and modifications of the Obligation

and refinancings of any such indebtedness on any terms whatsoever (including

increases in interest) and the payment of all other sums, with interest, advanced

to protect the Property and the security of this Mortgage, and all other amounts

paid by Mortgagee hereunder, the following property, together with all rights

and interests appurtenant thereto in law or equity, all rents, issue and profits

arising therefrom, including insurance proceeds and condemnation awards, all

structures, improvements and fixtures located thereon, in

County, State of Wisconsin ("Property"):

This a purchase money mortgage.

(is) (is not)

MORTGAGOR'S COVENANTS.

State Bar Form 21-Page 1

Recording Area

Name and Return Address

Parcel Identification Number (PIN)

This homestead property.

(is) (is not)

("Mortgagor," whether one or more) mortgages to

clause in favor of Mortgagee, and evidence of all policies covering the Property shall be provided to Mortgagee.

INSURANCE. Mortgagor shall keep the improvements on the Property insured against loss or damage

Mortgagor shall promptly give notice of loss to insurance companies and Mortgagee. Unless Mortgagor and Mortgagee

CONSENT REQUIRED FOR TRANSFER. Mortgagor 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 Mortgagee, 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 Obligation secured by this Mortgage shall become due and payable in full at the option

of Mortgagee without notice, which notice is hereby waived, upon any transfer, sale or conveyance made in violation

of this paragraph. A violation of the provisions of this paragraph will be considered a default under the terms of this

Mortgage and the Obligation it secures.

MORTGAGEE MAY CURE DEFAULTS. In the event of any default by Mortgagor of any kind under this

Mortgage or any Obligation secured by this Mortgage, Mortgagee may cure the default and all sums paid by

Mortgagee for such purpose shall immediately be repaid by Mortgagor with interest at the rate then in effect under the

Obligation secured by this Mortgage and shall constitute a lien upon the Property.

WAIVER. Mortgagee may waive any default without waiving any other subsequent or prior default by

Mortgagor.

RECEIVER. Upon default or during the pendency of any action to foreclose this Mortgage, Mortgagor

consents to the appointment of a receiver of the Property, including homestead interest, to collect the rents, issues and

profits of the Property during the pendency of such an action, and such rents, issues and profits when so collected shall

be held and applied as the court shall direct.

EXPENSES AND ATTORNEY FEES. In case of default, whether abated or not, all costs and expenses,

including, but not limited to, reasonable attorney fees, to the extent not prohibited by law shall be added to the

principal, become due as incurred, and in the event of foreclosure be included in the judgment.

NOTICE. Unless otherwise provided in the Obligation secured by this Mortgage, prior to any acceleration

(other than under paragraph 9, below) Mortgagee shall mail notice to Mortgagor specifying: (a) the default; (b) the

action required to cure the default; (c) a date, not less than 15 days from the date the notice is mailed to Mortgagor by

which date the default must be cured; and (d) that failure to cure the default on or before the date specified in the

notice may result in acceleration.

DEFAULT AND REMEDIES. Mortgagor agrees that time is of the essence with respect to payment of

principal and interest when due, and in the performance of the terms, conditions and covenants contained herein or in

the Obligation secured hereby. In the event of default, Mortgagee may, at its option, declare the whole amount of the

unpaid principal and accrued interest due and payable, and collect it in a suit at law or by foreclosure of this Mortgage

or by the exercise of any other remedy available at law or equity. If this Mortgage is subordinate to a superior

mortgage lien, a default under the superior mortgage lien constitutes a default under this Mortgage.

OTHER COVENANTS. Mortgagor covenants not to commit waste nor suffer waste to be committed

on the Property, to keep the Property in good condition and repair, to keep the Property free from future liens superior

to the lien of this Mortgage and to comply with all laws, ordinances and regulations affecting the Property. Mortgagor

shall pay when due all indebtedness which may be or become secured at any time by a mortgage or other lien on the

Property superior to this Mortgage and any failure to do so shall constitute a default under this Mortgage.

otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged,

provided Mortgagee deems the restoration or repair to be economically feasible.

State Bar Form 21-Page 2

FORECLOSURE WITHOUT DEFICIENCY. Mortgagor agrees to the provisions of Sections 846.101 and

846.103, Wis. Stats., as may apply to the Property and as may be amended, permitting Mortgagee in the event of

foreclosure to waive the right to judgment for deficiency and hold the foreclosure sale within the time provided in such

applicable Section.

SINGULAR; PLURAL. As used herein, the singular shall include the plural and any gender shall include all

genders.

SECURITY INTEREST ON FIXTURES. To further secure the payment and performance of the

Obligation, Mortgagor hereby grants to Mortgagee a security interest in:

ENVIRONMENTAL PROVISION. Mortgagor represents, warrants and covenants to Mortgagee that (a)

during the period of Mortgagor's ownership or use of the Property no substance has been, is or will be present, used,

stored, deposited, treated, recycled or disposed of on, under, in or about the Property in a form, quantity or manner

which if known to be present on, under, in or about the Property would require clean-

up, removal or other remedial

action

("Hazardous Substance") under any federal, state or local laws, regulations, ordinances, codes or rules

("Environmental Laws"); (b) Mortgagor has no knowledge, after due inquiry, of any prior use or existence of any

Hazardous Substance on the Property by any prior owner of or person using the Property; (c) without limiting the

generality of the foregoing, Mortgagor has no knowledge, after due inquiry, that the Property contains asbestos,

polychlorinated biphenyl components ("PCBs") or underground storage tanks; (d) there are no conditions existing

currently or likely to exist during the term of this Mortgage which would subject Mortgagor to any damages, penalties,

injunctive relief or clean-up costs in any governmental or regulatory action or third-party claims relating to any

Hazardous Substance; (e) Mortgagor is not subject to any court or administrative proceeding, judgment, decree, order

or citation relating to any Hazardous Substance; and (f) Mortgagor in the past has been, at the present is and in the

future will remain in compliance with all Environmental Laws. Mortgagor shall indemnify and hold harmless

Mortgagee from all loss, cost (including reasonable attorney fees and legal expenses), liability and damage whatsoever

directly or indirectly resulting from, arising out of or based upon (i) the presence, use, storage, deposit, treatment,

recycling or disposal, at any time, of any Hazardous Substance on, under, in or about the Property, or the

transportation of any Hazardous Substance to or from the Property, (ii) the violation or alleged violation of any

Environmental Law, permit, judgment or license relating to the presence, use, storage, deposit, treatment, recycling or

disposal of any Hazardous Substance on, under, in or about the Property, or the transportation of any Hazardous

Substance to or from the Property, or (iii) the imposition of any governmental lien for the recovery of environmental

clean-up costs expended under any Environmental Law. Mortgagor shall immediately notify Mortgagee in writing of

any governmental or regulatory action or third-party claim instituted or threatened in connection with any Hazardous

Substance on, in, under or about the Property.

CHOOSE ONE OF THE FOLLOWING OPTIONS; IF NEITHER IS CHOSEN, OPTION A SHALL APPLY:

All property listed on the attached schedule.B.

the county in which the Property is located, and the following information is included: (1) Mortgagor shall be deemed

the "debtor"; (2) Mortgagee shall be deemed to be the "secured party" and shall have all of the rights of a secured party

under the Uniform Commercial Code; (3) this Mortgage covers goods which are or are to become fixtures; (4) the

name of the record owner of the land is the debtor; (5) the legal name and address of the debtor are

(6) the state of organization and the organizational identification number of the debtor (if applicable) are

; and

(7) the address of the secured party is

State Bar Form 21-Page 3

ASSIGNMENT OF RENTS. Mortgagor hereby transfers and assigns absolutely to Mortgagee, as additional

security, all rents, issues and profits which become or remain due (under any form of agreement for use or occupancy

of the Property or any portion thereof), or which were previously collected and remain subject to Mortgagor's control

following any default under this Mortgage or the Obligation secured hereby and delivery of notice of exercise of this

assignment by Mortgagee to the tenant or other user(s) of the Property in accordance with the provisions of Section

708.11, Wis. Stats., as may be amended. This assignment shall be enforceable with or without appointment of a receiver

and regardless of Mortgagee's lack of possession of the Property.

10.

11.

12.

13.

All fixtures and personal property located on or related to the operations of the Property whether

now owned or hereafter acquired.

;

This Mortgage shall constitute a security agreement within the meaning of the Uniform Commercial Code with respect

to those parts of the Property indicated above. This Mortgage constitutes a fixture filing and financing statement as those

terms are used in the Uniform Commercial Code. This Mortgage is to be filed and recorded in the real estate records of

MARITAL PROPERTY STATEMENT. Any individual Mortgagor who is married represents that the

obligation evidenced by this instrument was incurred in the interest of Mortgagor's marriage or family.

INVALIDITY. In the event any provision or portion of this instrument is held to be invalid or unenforceable,

this shall not impair or preclude the enforcement of the remainder of the instrument.

JOINT AND SEVERAL/LIMITATION ON PERSONAL LIABILITY. The covenants of this Mortgage

set forth herein shall be deemed joint and several among Mortgagors, if more than one. Unless a Mortgagor is

obligated on the Obligation secured by this Mortgage, Mortgagor shall not be liable for any breach of covenants

contained in this Mortgage.

State Bar Form 21-Page 4

14.

15.

16.

Dated

(SEAL) (SEAL)

(Signatures may be authenticated or acknowledged. Both are not necessary.)

NOTE: THIS IS A STANDARD FORM. ANY MODIFICATIONS TO THIS FORM SHOULD BE CLEARLY IDENTIFIED.

FORM NO. 21-2003

MORTGAGE

* Type name below signatures.

STATE BAR OF WISCONSIN

AUTHENTICATION

STATE OF WISCONSIN

Signature(s)

) ss.

authenticated on

COUNTY

ACKNOWLEDGMENT

)

Personally came before me on

TITLE: MEMBER STATE BAR OF WISCONSIN

(If not,

authorized by Wis. Stat. § 706.06)

to me known to be the person(s) who executed the foregoing

instrument and acknowledged the same.

THIS INSTRUMENT DRAFTED BY:

Notary Public, State of Wisconsin

My Commission (is permanent) (expires:

)

the above-named

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State Bar Of Wisconsin Form 21-2003 MORTGAGE (Mortgagor, (Waukesha County Government)

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