Donald DeCleene and Doris DeCleene - Page 5

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          would convey back to petitioner the Lawrence Drive property with            
          a new building built thereon to petitioner's specifications, in             
          exchange for the McDonald Street property.                                  
               On September 24, 1993, WLC made an offer–-prepared by                  
          petitioner’s attorney–-which petitioner accepted, to purchase the           
          Lawrence Drive property for $142,400; petitioner’s acceptance               
          contained an undertaking to “transfer building permit to Buyer on           
          or before September 27, 1993”.2  On September 24, 1993,                     
          petitioner quitclaimed title to the Lawrence Drive property to              
          WLC, and WLC gave petitioner a fully nonrecourse noninterest                
          bearing one payment note and mortgage on the Lawrence Drive                 

          2 The copy of the building permit included as Exhibit 39-J                  
          in paragraph 67 of the Supplemental Stipulation of Facts replaces           
          paragraph 30 of the Stipulation of Facts, which stated as                   
          follows:  “Prior to his September 24, 1993 quit claim of title to           
          the Lawrence Drive property to the Western Lime & Cement Co., a             
          permit was obtained in Donald DeCleene’s name for construction of           
          a building on the Lawrence Drive property”.                                 
               Exhibit 39-J is a photocopy that bears a variety of dates:             
          it was originally submitted to and preliminarily approved by the            
          City of DePere Building Inspector on July 29, 1993; it bears the            
          signature of the “Owner/Agent Michael DeCleene V.P. Date                    
          1/12/94"; it was recorded “10/22/93" and bears the notation,                
          “Site Plan approved by Plan Commission on 4-27-93".  The name of            
          petitioner as Owner, his mailing address, and telephone number              
          appear on the line of the permit form provided for that                     
          information.  However, the name, mailing address, and telephone             
          number of WLC have been written in above those of petitioner.               
               On July 29, 1993, Green Bay Abstract & Title Company, Inc.             
          (the title company), had issued a title commitment with WLC as              
          the proposed insured on the owner’s policy in the insured amount            
          of $142,400 and Bank One, Green Bay as the proposed insured on              
          the loan policy in the insured amount of $522,400.                          

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Last modified: May 25, 2011