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This record contains private information, which has been redacted from public viewing.
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Type:
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Ordinance
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Status:
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Passed
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Title:
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Zoning Reclassification Map No. 10-E at 646-650 E 43rd St - App No. 19781
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Topic:
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ZONING RECLASSIFICATIONS - Map No. 10-E
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Attachments:
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1. O2018-6948.pdf
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ORDINANCE BE IT ORDAINED BY THE CTTY COUNCIL OF THE CITY OF CHICAGO: SF.CTK )N 1. Title 17 of ihc Municipal Code ol Chic ago, the Chicago Zoning (Ordinance, is hereby amended by changing all ol ihc RT I residential Two-Flat, Townhouse and Mulli-unil District symbols and indications as shown on ihe Map No. 10-K in ihe area bounded by: A line 1 Hi.O feel norlh of and parallel lo Last I.T' street; a line 80.0 led wesl of and parallel lo south Langley avenue east IT' street; and a line 13 1.0 leel wesl ol and parallel lo south Langlcy Avenue: lo those ol a 151-1 Neighborhood shopping District. SLCTION 2. I bis ordinance shall be in force and cflcct Iroin and alter ils passage and due publication. Common Address of Property: (> Mi-.W Last 1>T' Sired OFFICE: P.O. Box 43559 Chicago. fL 60643 Tel: {773) 779-1700 Fax: (773) 779-9T43 £jtkjS: Lrpa8oaS80oOyohoo^om Plat of Survsys Topooroply Condominium Land Development Legal Description* M COOK COUNTY, THE WEST 54 FEET OF TNE SOUTH ITS EST OF UK 20 M MAHGMEJ JtM«STtWS SUBOMSKM OF THE SOUTH 1 OF SOUIHEMST I OF THE MOmeST i OF 5B3XW 1 TTTHTItr 38 HOfOH, RANCC 14, EAST tftt ~ " UMDB. (COMMONLY DOM AS: 64R-50 t 43RD ST. GHCMSO, tUJNOKj UNLESS REQUESTED OTHEMWSE (BY THE CUEHT OR WS/HEB MOT) M0MUUBOS OR WITNESS POMS SHALL OC SET FOR ALL ACCES9BLE OCRNERS OF THE SUfiVET. TMS .'PNQFESSnWL SERVICE CONFORMS TO THE CURRENT UaUS MINIMUM STMCMRDS OF .PRACTICE appuoble to boundary SURVEYS. ILLINOIS FROTSSIONM. LAND SURVEYOR Ma OK-OMU033. RELD DATE: Ob/20/IS P. L N.: 20-03-225-044-0000 BOOK Wl: OP. SURVEYOR: SA OaSNSONS ARE HOT TO BE SCALED. ORDER .MX: 1BWC-1274 SCALE: I* - 20 FEET ORDERED 0T: SHERRY SPELLERS MEMBER: I. P. L S. A. A, C. S. M. A ' '*) if/* i A* n*rj i AiSLCurtS. *L «u -VC«rr< SLSAXf LE6END O HMT HAL SET o SET ROM PPE * sat pk found |ff/ LEON R. PASS V£ I*/ 035-003083 is + CUT CROSS-FOUND OR SET cwPBBTiae ugmt pole (Boas) reoordeo oata 1&.4S MEASURED OtCMON "OTCH HE FENCE aooe fare CHMN 1*K FENCE f&LF.) •fttUGHT MOM FENCE (MS.) S NAtS (SET) WIBHUHWftVt. LR PASS » ASSCCMTES P.O. 00 HEREBY : LOCAL CHOTY WW HE HUE SURVEYED THE ABOVE BESOMED -PROPERTY ANO TO THE OC3T. OF OUR KNOAfEWE, IMFDTaMTKM AMD BELIEF. THE P1AT HEREON DRAWN JS A CHECK LEGAL OESCWPnotl tWTH .DEED AMD REPRESENTATION OF SAB SURVEY. DflfEDMTELY REPORT AMY OBCHEPlAMCY TO TME SURVEYOR FOR EXPLANATION AMD/OR CORRECTION. OWEN UNDBR~T0 HAND AND SEAL TtTBUT DAY ALL OMENSOM AMD MmjRORKFS ARE SHOWN W OF ^l^JM FEET ANO OECOJAt PARTS THEREOF* AND ARE rst*dS=^f^~ri^f TO A TB*ERA7URE OF «2 moras ' T^.Jg?7Z:
"WRITTEN NOTICE" FORM OF AFFIDAVIT (Section 17-13-0107)
Date: September 12, 2018
Honorable Daniel S. Solis Chairman. Committee on Zoning 121 North LaSalle Street Room 304. City Hall Chicago, Illinois 60602
The undersigned, Sherry Spellers . being first duly sworn on oath deposes and states the following:
The undersigned certifies that he has complied with the requirements of Section 17-13-0107 of the Chicago Zoning Ordinance, by sending written notice to such property owners who appear to be the owners of the property within the subject area not solely owned by the applicant, and to the owners of all property within 250 feet in each direction of the lot line of the subject property, exclusive of public roads, streets, alleys and other public ways, or a total distance limited to 400 feet. Said A written notice@ was sent by First Class U.S. Mail, no more than 30 days before filing the application.
The undersigned certifies that the notice contained the address of the property sought to be rezoned; a statement of the intended use of the property : the name and address of the applicant; the name and address of the owner; and a statement that the applicant intends to file the application for a change in zoning on approximately September 12, 2018.
ERICA HERNANDEZ OFFICIAL SEAL Notary Public. State of Illinois
Mv Commission Expires ian,,arv24.2022 .
The undersigned certifies that the applicant has made a bona fide effort to determine the addresses of the parties to be notified under Section 17-13-0107 of the Chicago Zoning Ordinance, and that the accompanying list of names and addresses of surrounding property owners within 250 feet of the subject site is a complete list containing the names and addresses of the people required to be served.
PS
Subscribed and Sworn to before me this
Notarv Public
f,N day of ^^^^^^20 1$
TO SURROUNDING PROPERTY OWNERS.
September 12, 20.18 j
Dear Property Owner
In accordance with the requirements for an Amendment to the Chicago Zoning Ordinance, specifically Section 17-13-0107, please be informed that on or about September 12, 2018, tJhe undersigned will file an application for a change in zoning from RT4 to Bl-1 on behalf of Sherry Spellers for the property located at 646-50 East 43ui Street Chicago IL 60653 i
The applicant intends to use the subject property for Commercial Space, noresidential, no onsite parking, 1 story commercial building, existing with two space beauty salon, and 2 vacant store fronts No exterior changes 2975 4 square feet of commercial space
Sherry Spellers is located at 646-50 East 43ld Street Chicago IL 60653. The contact person for this application is Sherry Spellers, 648 East 43ld Street Chicago IL 60653, & 773-968-0400.
Please note that the applicant is not seeking to rezone or purchase your property. The applicant is required by law to send this notice because you own property within 250 feet of the property to be rezoned :
Very truly yours.
CITY OF CHICAGO APPLICATION FOR AN AMENDMENT TO THE CHICAGO ZONING ORDINANCE
ADDRESS of the property Applicant is seeking to rezone: 646 - 50 E. 43rd Street Chicago il. 60653
Ward Number that property is located in: 4th
APPLICANT Sherry Spellers
ADDRESS 646-50 E. 43rd St CITY Chicago
STATE ILL. ZIP CODE 60653 PHONE 773 968 0400
EMAIL AmourSalon@yahoo.com CONTACT PERSON Sherry Spellers
Is the applicant the owner of the property? YES X NO
If the applicant is not the owner of the property, please provide the following information regarding the owner and attach written authorization from the owner allowing the application to proceed.
OWNER
ADDRESS CITY
STATE ZIP CODE PHONE
EMAIL CONTACT PERSON
If the Applicant/Owner of the property has obtained a lawyer as their representative for the rezoning, please provide the following information:
ATTORN EY N/A
ADDRESS
CITY STATE ZIP CODE
PHONE FAX EMAIL
Page 2
If the applicant is a legal entity (Corporation, LLC, Partnership, etc.) please provide the names of all owners as disclosed on the Economic Disclosure Statements.
Sherry Spellers
Casanova D. Lamon
On what date did the owner acquire legal title to the subject property? July 21st 1999
Has the present owner previously rezoned this property? If yes, when? No
Present Zoning District RT4 Proposed Zoning District Bl-1
Lot size in square feet (or dimensions) 54' x 116.00,= 6,264.00
Current Use of the property Four retail storefronts /existing.one story building
Reason for rezoning the property To legalize the retail commercial four space one story building.
Describe the proposed use of the property after the rezoning. Indicate the number of dwelling units; number of parking spaces; approximate square footage of any commercial space; and height of the proposed building. (BE SPECIFIC)
No Residential. No on site parking. 1 story commercial building existing with 2 space Beauty
Salon and 2 vacant store fronts. No exterior changes 2975.4 square feet of commercial
space
The Affordable Requrements Ordinance (ARO) requires on-site affordable housing units and/or
a financial contribution for residential housing projects with ten or more units that receive a
zoning change which, among other triggers, increases the allowable floor area, or, for
existing Planned Developments, increases the number of units (see attached fact sheet or
visit www.cityofchicago.org/ARO for more information). Is this project subject to the
ARO?
YES NO X
Page 3
COUNTY OF COOK STATE OF ILLINOIS
Sherry Spellers , being first duly sworn on oath, states that all of the above
statements and the statements contained in the documents submitted herewith are true and correct.
Subscribed and Sworn to before me this
IP- day of T^f ptemj/c?^ , 20_
ERICA HERNANDEZ OFFICIAL SEAL Notary Public, State of Illinois J My Commission Expires January 2 4,2022_
Date of Introduction:
File Number:_ Ward:
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include aVb/a/ if applicable:
Sherry Spellers
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[X] the Applicant OR
[ ] a legal entity currently holding, or anticipated to hold within six months after City action on the contract, transaction or other undertaking to which this EDS pertains (referred to below as the "Matter"), a direct or indirect interest in excess of 7.5% in the Applicant. State the Applicant=s legal
name:
OR
[ ] a legal entity with a direct or indirect right of control of the Applicant (see Section 11(B)(1)) State the legal name of the entity in which the Disclosing Party holds a right of control:
Business address of the Disclosing Party: 646-50 E. 43rd Street
Chicago II. 60653
Telephone: (773) 968-0400 Fax: Email:
Name of contact person: _Sherry Spellers
Federal Employer Identification No. (if you have one):
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Change Zoning
Which City agency or department is requesting this EDS? Zoning
Ver.2017-1 Page 1 of 14
If the Matter is a contract being handled by the City=s Department of Procurement Services, please complete the following:
and Contract #
Specification #
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
] Person
] Publicly registered business corporation ] Privately held business corporation ] Sole proprietorship ] General partnership ] Limited partnership )^Trust
[ ] Limited liability company
[ ] Limited liability partnership
[ ] Joint venture
[ ] Not-for-profit corporation
(Is the not-for-profit corporation also a 501 (c)(3))?
[ ] Yes [ ] No [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No [ ] Organized in Illinois
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles, if applicable, of: (i) all executive officers and all directors of the entity; (ii) for not-for-profit corporations, all members, if any, which are legal entities (if there are no such members, write "no members which are legal entities"); (iii) for trusts, estates or other similar entities, the trustee, executor, administrator, or similarly situated party; (iv) for general or limited partnerships, limited liability companies, limited liability partnerships or joint ventures, each general partner, managing member, manager or any other person or legal entity that directly or indirectly controls the day-to-day management of the Applicant.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Page 2 of 14
2. Please provide the following information concerning each person or legal entity having a direct or indirect, current or prospective (i.e. within 6 months after City action) beneficial interest (including ownership) in excess of 7.5% of the Applicant. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture, interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state ANone.@
NOTE: Each legal entity listed below may be required to submit an EDS on its own behalf.
Name Business Address Percentage Interest in the Applicant
SECTION III - INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
Has the Disclosing Party provided any income or compensation to any City elected official during the
12-month period preceding the date of this EDS? [ ] Yes [X] No
Does the Disclosing Party reasonably expect to provide any income or compensation to any City
elected official during the 12-month period following the date of this EDS? [ ] Yes [X] No
If A yes to either of the above, please identify below the name(s) of such City elected official(s) and describe such income or compensation:
Does any City elected official or, to the best of the Disclosing Party=s knowledge after reasonable
inquiry, any City elected officials spouse or domestic partner, have a financial interest (as defined in
Chapter 2-156 of the Municipal Code of Chicago (AMCC@)) in the Disclosing Party?
[ ] Yes [X] No
If "yes," please identify below the name(s) of such City elected official(s) and/or spouse(s)/domestic partner(s) and describe the financial interest(s).
Page 3 of 14
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist (as defined in MCC Chapter 2-156), accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll. If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
tained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained ) lobbyist, etc.) Ahourly rate@ or At.b.d.@
is not an acceptable response.
(Add sheets if necessary)
[X] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.
SECTION V - CERTIFICATIONS
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under MCC Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract=s term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [ ] No [ X ] No person directly or indirectly owns 10% or more of the Disclosing Party.
If A Yes has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes
Page 4 of 14
B. FURTHER CERTIFICATIONS
1. [This paragraph 1 applies only if the Matter is a contract being handled by the City=s Department of
Procurement Services.] In the 5-year period preceding the date of this EDS, neither the Disclosing
Party nor any Affiliated Entity [see definition in (5) below] has engaged, in connection with the
performance of any public contract, the services of an integrity monitor, independent private sector
inspector general, or integrity compliance consultant (i.e., an individual or entity with legal, auditing,
investigative, or other similar skills, designated by a public agency to help the agency monitor the
activity of specified agency vendors as well as help the vendors reform their business practices so they
can be considered for agency contracts in the future, or continue with a contract in progress).
The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any fine, fee, tax or other source of indebtedness owed to the City of Chicago, including, but not limited to, water and sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing Party delinquent in the payment of any tax administered by the Illinois Department of Revenue.
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, during the 5 years before the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in subparagraph (b) above;
have not, during the 5 years before the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, during the 5 years before the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The Disclosing Party understands and shall comply with the applicable requirements of MCC Chapters 2-56 (Inspector General) and 2-156 (Governmental Ethics).
Page 5 of 14
5. Certifications (5), (6) and (7) concern: $ the Disclosing Party;
$ any AContractor@ (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, ADisclosure of Subcontractors and Other Retained Parties@);
$ any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following
the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
$ any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor, nor any Agents have, during the 5 years before the date of this EDS, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the 5 years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in subparagraph (a) or (b) above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Contracts Requiring a Base Wage); (a)(5)(Debarment Regulations); or (a)(6)(Minimum Wage Ordinance).
Page 6 of 14
Neither the Disclosing Party, nor any Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33 E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on a Sanctions List maintained by the United States Department of Commerce, State, or Treasury, or any successor federal agency.
[FOR APPLICANT ONLY] (i) Neither the Applicant nor any Acontrolling person@ [see MCC Chapter 1-23, Article I for applicability and defined terms] of the Applicant is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any Asister agency@; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If MCC Chapter 1-23, Article I applies to the Applicant, that Article=s permanent compliance timeframe supersedes 5-year compliance timeframes in this Section V.
[FOR APPLICANT ONLY] The Applicant and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed as having an active exclusion by the U.S. EPA on the federal System for Award Management (ASAM@).
[FOR APPLICANT ONLY] The Applicant will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in Certifications (2) and (9) above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
12. To the best of the Disclosing Party=s knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with AN/A@ or Anone@).
Page 7 of 14
13. To the best of the Disclosing Party=s knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a Agift@ does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $25 per recipient, or (iii) a political contribution otherwise duly reported as required by law (if none, indicate with AN/A@ or Anone@). As to any gift listed below, please also list the name of the City recipient.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [ ] is not
a "financial institution" as defined in MCC Section 2-32-455(b).
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in MCC Chapter 2-32. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in MCC Section 2-32-455(b)) is a predatory lender within the meaning of MCC Chapter 2-32, explain here (attach additional pages if necessary):
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING FINANCIAL INTEREST IN CITY BUSINESS
Any words or terms defined in MCC Chapter 2-156 have the same meanings if used in this Part D.
Ver.2017-1 Page 8 of 14
In accordance with MCC Section 2-156-110: To the best of the Disclosing Party=s knowledge after reasonable inquiry, does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes [ ] No
NOTE: If you checked "Yes" to Item D(l), proceed to Items D(2) and D(3). If you checked "No" to Item D(l), skip Items D(2) and D(3) and proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
If you checked "Yes" to Item D(l), provide the names and business addresses of the City officials or employees having such financial interest and identify the nature of the financial interest:
Name Business Address Nature of Financial Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either (1) or (2) below. If the Disclosing Party checks (2), the Disclosing Party must disclose below or in an attachment to this EDS all information required by (2). Failure to comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the
Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued
Page 9 of 14
to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step (1) above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, as amended, who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995, as amended, have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in paragraph A(l) above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 10 of 14
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities," as that term is defined in the Lobbying Disclosure Act of 1995, as amended.
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A( 1) through A(4) above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ]Yes [ ]No
If AYes,@ answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No [ ] Reports not required
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ]Yes [ ]No
If you checked ANo@ to question (1) or (2) above, please provide an explanation:
Page 11 of 14
SECTION VII - FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of this ordinance and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with this ordinance.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other City transactions. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided in, and appended to, this EDS may be made publicly available on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City=s Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to MCC Chapter 1-23, Article I (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by MCC Chapter 1-23 and Section 2-154-020.
Page 12 of 14
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS, and Appendices A and B (if applicable), on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS, and Appendices A and B (if applicable), are true, accurate and complete as of the date furnished to the City.
Skew Sp^Z/gpr
(Print or type exact legal name of Disclosing Party)
(Print or type title of person signing)
DERRICK LONG OFFICIAL SEAL
Notary Public. State of Illinois My Commission Expires
July 20, 2022
Page 13 of 14
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS
AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5%. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under MCC Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any AApplicable Party@ or any Spouse or Domestic Partner thereof currently has a Afamilial relationship@ with any elected city official or department head. A Afamilial relationship© exists if, as of the date this EDS is signed, the Disclosing Party or any AApplicable Party@ or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
AApplicable Party@ means (1) all executive officers of the Disclosing Party listed in Section I I.B.I.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% ownership interest in the Disclosing Party. APrincipal officers© means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any AApplicable Party© or any Spouse or Domestic Partner thereof currently have a Afamilial relationship© with an elected city official or department head?
[ ] Yes [ ] No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 14 of 14
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5% (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
[ ]Yes [ ]No
If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
[ ] Yes [ ] No [ ] The Applicant is not publicly traded on any exchange.
If yes to (1) or (2) above, please identify below the name of each person or legal entity identified as a building code scofflaw or problem landlord and the address of each building or buildings to which the pertinent code violations apply.
Page 15 of 14
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[X| the Applicant
OR
Q a legal entity currently holding, or anticipated to hold within six months after City action on
the contract, transaction or other undertaking to which this EDS pertains (referred to below as the
"Matter"), a direct or indirect interest in excess of 7.5% in the Applicant. State the Applicant's legal
name: fl. q*A,sft/?t/g, D Z/t/W /9A^
OR
Q a legal entity with a direct or indirect right of control of the Applicant (see Section 11(B)(1)) State the legal name of the entity in which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party:
person: SIf &hry , S^)^//^rjr E. Federal Employer Identification No. (if you have one):
Telephone: 77 J- y/^^fA jTTax: Email/
Name of contact
F. Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
y f ^ & rv j /isji
G. Which City agency or department is requesting this EDS?_
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Ver.2018-1 Paget of 15
SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
Person
Publicly registered business corporation
Privately held business corporation
Sole proprietorship
General partnership
Limited partnership
Trust
| | Limited liability company [~1 Limited liability partnership | [ Joint venture | | Not-for-profit corporation (Is the not-for-profit corporation also a 501(c)(3))';
? Yes ?No | | Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
| | Yes ? No ? Organized in Illinois
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles, if applicable, of: (i) all executive officers and all directors of the entity; (ii) for not-for-profit corporations, all members, if any, which are legal entities (if there are no such members, write "no members which are legal entities"); (iii) for trusts, estates or other similar entities, the trustee, executor, administrator, or similarly situated party; (iv) for general or limited partnerships, limited liability companies, limited liability partnerships or joint ventures, each general partner, managing member, manager or any other person or legal entity that directly or indirectly controls the day-to-day management of the Applicant.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
2. Please provide the following information concerning each person or legal entity having a direct or indirect, current or prospective (i.e. within 6 months after City action) beneficial interest (including ownership) in excess of 7.5% of the Applicant. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture, interest of a member or manager in a
Page 2 of 15
limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None."
NOTE: Each legal entity listed below may be required to submit an EDS on its own behalf.
Name Business Address Percentage Interest in the Applicant
SECTION III - INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
Has the Disclosing Party provided any income or compensation to any City elected official during the
12-month period preceding the date of this EDS? [~~J Yes JpQ No
Does the Disclosing Party reasonably expect to provide any income or compensation to any City
elected official during the 12-month period following the date of this EDS? Yes ^| No
If "yes" to either of the above, please identify below the name(s) of such City elected official(s) and describe such income or compensation:
Does any City elected official or, to the best of the Disclosing Party's knowledge after reasonable
inquiry, any City elected official's spouse or domestic partner, have a financial interest (as defined in
Chapter 2-156 of the Municipal Code of Chicago ("MCC")) in the Disclosing Party?
[] Yes g No
If "yes," please identify below the name(s) of such City elected official(s) and/or spouse(s)/domestic partner(s) and describe the financial interest(s).
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist (as defined in MCC Chapter 2-156), accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll. If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
Page 3 of 15
Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
2 Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under MCC Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
? Yes 0No []No person directly or indirectly owns 10% or more of the Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[] Yes ? No
FURTHER CERTIFICATIONS
[This paragraph 1 applies only if the Matter is a contract being handled by the City's Department of Procurement Services.] In the 5-year period preceding the date of this EDS, neither the Disclosing Party nor any Affiliated Entity [see definition in (5) below] has engaged, in connection with the performance of any public contract, the services of an integrity monitor, independent private sector inspector general, or integrity compliance consultant (i.e., an individual or entity with legal, auditing, investigative, or other similar skills, designated by a public agency to help the agency monitor the activity of specified agency vendors as well as help the vendors reform their business practices so they can be considered for agency contracts in the future, or continue with a contract in progress).
The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any fine, fee, tax or other source of indebtedness owed to the City of Chicago, including, but not limited to, water and sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing Party delinquent in the payment of any tax administered by the Illinois Department of Revenue.
Page 4 of 15
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, during the 5 years before the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in subparagraph (b) above;
have not, during the 5 years before the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, during the 5 years before the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The Disclosing Party understands and shall comply with the applicable requirements of MCC Chapters 2-56 (Inspector General) and 2-156 (Governmental Ethics).
Certifications (5), (6) and (7) concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 15
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor, nor any Agents have, during the 5 years before the date of this EDS, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the 5 years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in subparagraph (a) or (b) above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Contracts Requiring a Base Wage); (a)(5)(Debarment Regulations); or (a)(6)(Minimum Wage Ordinance).
Neither the Disclosing Party, nor any Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on a Sanctions List maintained by the United States Department of Commerce, State, or Treasury, or any successor federal agency.
[FOR APPLICANT ONLY] (i) Neither the Applicant nor any "controlling person" [see MCC Chapter 1-23, Article I for applicability and defined terms] of the Applicant is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any "sister agency"; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If MCC Chapter 1-23, Article I applies to the Applicant, that Article's permanent compliance timeframe supersedes 5-year compliance timeframes in this Section V.
[FOR APPLICANT ONLY] The Applicant and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed as having an active exclusion by the U.S. EPA on the federal System for Award Management ("SAM").
10. [FOR APPLICANT ONLY] The Applicant will obtain from any contractors/subcontractors hired
or to be hired in connection with the Matter certifications equal in form and substance to those in
Certifications (2) and (9) above and will not, without the prior written consent of the City, use any such
Ver.2018-1 Page 6 of 15
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
12. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
13. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $25 per recipient, or (iii) a political contribution otherwise duly reported as required by law (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[J is g] is not
a "financial institution" as defined in MCC Section 2-32-455(b).
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in MCC Chapter 2-32. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
Page 7 of 15
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in MCC Section 2-32-455(b)) is a predatory lender within the meaning of MCC Chapter 2-32, explain here (attach additional pages if necessary):
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING FINANCIAL INTEREST IN CITY BUSINESS
Any words or terms defined in MCC Chapter 2-156 have the same meanings if used in this Part D.
In accordance with MCC Section 2-156-110: To the best of the Disclosing Party's knowledge after reasonable inquiry, does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
? Yes g[No
NOTE: If you checked "Yes" to Item D(l), proceed to Items D(2) and D(3). If you checked "No" to Item D(l), skip Items D(2) and D(3) and proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
0No
3. If you checked "Yes" to Item D(l), provide the names and business addresses of the City officials or employees having such financial interest and identify the nature of the financial interest:
Name Business Address Nature of Financial Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
Page 8 of 15
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either (1) or (2) below. If the Disclosing Party checks (2), the Disclosing Party must disclose below or in an attachment to this EDS all information required by (2). Failure to comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
EZI 2. The Disclosing Party verifies that, as a result of conducting the search in step (1) above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, as amended, who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995, as amended, have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay
any person or entity listed in paragraph A(l) above for his or her lobbying activities or to pay any
person or entity to influence or attempt to influence an officer or employee of any agency, as defined
by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee
Ver.2018-1 Page 9 of 15
of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities," as that term is defined in the Lobbying Disclosure Act of 1995, as amended.
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A(l) through A(4) above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
? No
Is the Disclosing Party the Applicant?
QYes
If "Yes," answer the three questions below:
? No
1. Have you developed and do you have on file affirmative action programs pursuant to applicable, federal regulations? (See 41 CFR Part 60-2.)
QYes
2. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
3. Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
? Yes ?No
If you checked "No" to question (1) or (2) above, please provide an explanation:
Page 10 of 15
SECTION VII - FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of this ordinance and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with this ordinance.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other City transactions. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided in, and appended to, this EDS may be made publicly available on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to MCC Chapter 1-23, Article I (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by MCC Chapter 1-23 and Section 2-154-020.
Page 11 of 15
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS, and all applicable Appendices, on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS,* and all applicable Appendices, are true, accurate and complete as of the date furnished to the City.
(Print or type exact legal name of Disclosing Party)
(Sign here) ^
G&X/?A'/sv^ f? ^yi^,^—-
(Print or type name of person signing)
(Print or type title of person signing)
Signed and sworn to before me on (date)cr^^^ *? ° ^
f County, ^~J/.t'Wo 7S (state). *"™
OFFICIAL SEAL | DOPaSJ.CABTtB
Commission expires:
public -WjgSlflJ m
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Page 12 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5%. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under MCC Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section Il.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
? Yes. [JNo
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5% (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
1. Pursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
2. If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to MCC Section
2-92-416?
[ | The Applicant is not publicly traded on any exchange.
3. If yes to (1) or (2) above, please identify below the name of each person or legal entity identified as a building code scofflaw or problem landlord and the address of each building or buildings to which the pertinent code violations apply.
Page 14 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amlegal.coni ), generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the City money for a license, grant or concession allowing them to conduct a business on City premises.
On behalf of an Applicant that is a contractor pursuant to MCC Section 2-92-385,1 hereby certify that the Applicant is in compliance with MCC Section 2-92-385(b)(l) and (2), which prohibit: (i) screening job applicants based on their wage or salary history, or (ii) seeking job applicants' wage or salary history from current or former employers. I also certify that the Applicant has adopted a policy that includes those prohibitions.
7A - 1 am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385.
[J Yes ? No/
This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(l).
If you checked "no" to the above, please explain.
Page 15 of 15
53172
99873797
7723/0127 04 001 Psge i of 7 1999-09-15 10:51:57
Cook County Recorder .
(ASSIGNMENT OF RENTS COMBINED IN THIS DOCUMENT)
19 99 t between CHICAGO TITLE LAND TRUST
rHIS INDENTURE, made COMPANY
JULY 21
ihe laws of ILLINOIS 1107365
a corporation organized under
19-99 and known as Trust Nu.
. not personally, but as trustee u/t/a dtd _
herein referred to as "Mortgagor:" and CHICAGO TITLE AND TRUST COMPANY, an Illinois corporation doing business in Chicago. Illinois, herein referred to as "Trustee'*, witnesseth: THAT, WHEREAS the Mortgagor is justly indebted to the legal holder of the Installment Note hereinafter described, said legal holder from time to lime being herein referred to as the Holder of the Note, in the principal sum of
SEVENTY TWO THOUSAND Dollars,
evidenced bv one certain Installment Note of the Mortgagor of even date herewith, made payable to THE ORDER OF BEARER
and delivered, herein referred to as the "Note." in and by which the Mortgagor promises to pay the said principal sum and interest on the balance of principal remaining from time to time unpaid in accordance with the rate of interest and other terms and conditions as set forth in the Note until the Note is fully paid except that the final payment
of principal and interest, if not sooner paid, shall be due on the 1st day of AUGUST 19 2019.
NOW. THEREFORE, the Mortgagor to secure the payment of the indebtedness evidenced by the Note, including interest thereon and any refinancing, extension, renewal or modification thereof, and the performance of the covenants and agreements herein contained by the Mortgagor to be performed, and also in consideration of the sum of One Dollar in hand paid, the receipt whereof is hereby acknowledged, does by these presents GRANT. REMISE, RELEASE. ALIEN and CONVEY unto the Trustee, its successors and assigns, the following described Real Estate and
all of its estate, right, title and interest therein, situate, lying and being in the CITY OF CHICAGO ,
COUNTY OF " COOK AND STATE OF ILLINOIS.
to wit:
THE WEST 54 FEET OF THE SOUTH 116 FEET OF LOT 20 IN MARGARET JOHNSTON'S SUBDIVISION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3 TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
(Page 1 of 6)
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CHICAGO TITLE LANQ
MUSf BE COMPLfcTtU
0.i> . ...Uli - S "K . 1 Li_
Ujrd St
60653
Hiiiine:
Cn
l-'v
Pro/u>-Z-0
"3 * i>*^ir.' cl 0'.Tr*;nf 1 o:»**r thin a 3«nn* ^o-v
OB/05/2010 10:09 FAX 773 420 4834
PROMISSORY NO%w
R9f9*enc«s In the shaded area ore fix Lender's in© onty and do not i-nfl Ihe appToahiay of this otocumert to any parfcuCir ban ex torn.
Any ten, above cmairtrig•"" has boon orntttod duo to tost lertqfri llmttrrtiorr*.
CASANOVA LAMON (B8N: 350-38-5847)! SHERRY JOHNSON (SSN: m44-03d6)i and CHWAOO TITUE LAND TRUST COMPANY, NOT PGRSONAU.Y, BUT AS TRUSTEE OTA DATED 07/10r*J9 AND KNOW! AS TRUST NUMBER 1107368 4C128.DREXELBl.VD . CHICAOO, IL 60616
Lender. shares** ShoreBank
70s4 South Jeffc-ryBrvd. Chicago, IL 60649
Principal Amount: $150,000.00 Initial Rote: 7.000% Date of Note: October 28, 2002
PROMISE TO PAY. CASANOVA LAMON; SHERRY JOHNSON; and CHICAGO TITLE LAND TRUST COMPANY, NOT PERSONALLY, BUT AS TRUSTEE UTA DATED 07/19/99 ANO KNOWN AS TRUST NUMBER 11073SS ('SOrrrwrar*) JolnOy and Saversify pramiM to pay to SnoraBank ("Lender*), or order. In lawful money of the United States erf America, the prfndpol amount of One Hundred Fifty Thousand & orytOQ Dollars (1160,000X0), together with interna on ihe unpaid prindpa! balance from October 28, 2042, until paid In fuU. Tha intarcst rate will not Incroasa abova 12000%.
PAYMENT. Subject to any payment changes resulting from ranges ai tne index, Borrower win pay tht* loan In 240 payment! ot #1,162.96 each payment Borrower** first payment U dua December 1,2002, and ail subsequent payments are due on the same day of each month after that Borrower"* final payment wrtu '<*» due on Nowioer 1,2<22, and will be for off principal and ad accrued interest not yet paid. Payments Include principal and interest Unlaw otherwise agreed or r.^ulrsd by applicable law, payments will be applied flrat to accrued unpaid Interest, then to principal, and any remaining amount to any u.-f aW cotloctlon coal* and late charges, tntereat on thai Note la compute** on a alrnple kuoreat basfa; that is, with the exception of odd tfaye In ihe ftrtt payment period, monthly intoreet te calculated by apptytrt'i the ratio ot the annual Interest rate over a year of 360 day*, muMptted by the oirt-rtandtng principal balance, mutttpilod by a month oi 30 tiays. tntereat for the odd days fa calculated on (he basis of the actual day* to the next tut) month and a "tot-day year. Borrower will pay Lend*.- at Lrodt*** rxictre*« ahown aaovts or at such other place as Lender may designate In writing.
VARIABLE INTEREST RATE. The Merest rato cn this Nota (s suhjoc" to change from tkno to time basc« on changes In an (Ms* **«-.*> e e%> StoeB«u*V8 intemai Mrrrnerclal tentflrtg rata for muK-farriy dweSinps. and in oifect 60 (stay) days before the- change date (the 'Index*). The e-ae. $ not necessary tha lowest rota charged by Lender on its bans and is sat by Lander tr\ fts soft r^scraoan. « the iwa* iM&xmt urttunbSZts PREPAYMENT. Bom-wor agrees that aS loan loos ami other prepaid finance charges ere earned fully as of the date of the loan and wil iw be sutfoct to refund upon aarfy payment fwheiher v.-iuruary or as • rasua of default), except as otherwise required by law. Except tor the foregUtig, Borrower may pay without penalty all or a portion of tho amount owed earlier than It is duo. Early payments wtH not. untoas agreed to by Lender In wrWng. relieve Borrower of Borrower's ubfigatian io oonbnue to make payments under the payment schedule. Rather, early psyme.-rfs wil reduce the prrtciri;tl tr 'tavo due and rnay recurt in Borrt-Ws maXing f«wor peymdnts. "torowor agroe3 not to seod Londer peyrr-srrts markod "paid tn (ufl*. •wUhout rocw.ree' or similar ibnguage. If Borrowor aortas such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrow wil remain Obligated Id pay any further amount owed to Larder. Ail written cornrnurticaiions concerning deputed amounts, rtciuding any check or other payment instrument that Indicates that the payment rorvtttutos " payment In fUT of tho amount owed or thot is tendered with other concOSons er limitations or as full satisfaction of a disputed amount mot be mated or doUvorod to: ShoreBank ChaOiam Banking Center, Find Peyrnerrt. 7939 South Cottage Grove Cttk-ego, IL 60610.
LATE CHARGE. II a payment is is days or more Irta, Boflrower wOf be charood 5.000% et the regularly acneduled payment
INTEREST AFTER DEFAULT. Upon default, hciuriing failure to pay upon final rnaturtty, the total sum dua under this Note wil bear Interest from the date of aoc«iora*ion or matumy at the vwteblo krter&a rata on thL* Note. The rrtarast rata wffl not oxcecd the majcrnum rate perrrttod by apcJteabla law.
DEFAULT. Each of (he foflowtng shall ecu. tiute an event of default fEvent of Default*) under this Note:
Payment Default Borrower (aits to moke any payment when dta>aj*der this Note.
Other Dofaurta. Borrower fals to comply with or to p«rtorm any other term, obfioslton, covenartt or axidrtioti corrtaiwd ii this Noto c^h any of the related documenta or to cTmpiy with or to perform any term, obfigalion, covenant or condition contained in any other agreement between 'j-nder end Porrowor.
Default m Favor of Third Parties. Borrower or any Grantor defaults under any loan, oitemion of credit, seoafty aoreert-errL purchase or sates BGreement, or any other agreement, In favor ef any othar creditor or person thai may materially street any of Borrower** property or Borrower's ah&ty tz> repay this Nota or perform Borrower's obitaatlons undar this Note or any of the related documents.
FbIm Staierrwntx. Any warranty, rBpreserrtaiion or ttatemenl made or furnished to Lander by Bcrrower or on.l3insolvency. The dissolution or tarnation of the Trust, the ASWffiJWt- Mtt^^l^Z^L^^^
proporty. any s^ignment for the berwfrl of credits, any type ofcr^rW b*r.kim3 or naoivwicy laws by or against EJorrowar.
Creditor or Porfettura Proosadinga. Corwrtencemertt of foreclosure or fcrta/rura prtxeeolrigs, whoihor by iudfciaJ procaodlng, saii-hsfp,
08/05/2010 10:10 FAX 773 420 4634
PROMISSORY NOTE
Loan No: 62725 (Continued) Page 2
repossession or any other method, by any creditor oi Borrower or oy any gcverrrnentoi agency against any collateral securing the loan. This IncJud&a a garnishment Of any ol Borrower's accounts, Including deposit accounts. wSh Lander. However, this Event d Default shall not apply it there is a good tatth dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or fortafture proceedtig and H Borrower gives Lender written notice of the creditor or forfeiture proceeding end deposits with Lender monies or a surety bond for the creditor or forfatture cnxoedina in an eurotm determined by Lender, In Its sole discretion, as being an adequate reserve or bond tor Ihe dispute.
Events Affecting Guarantor. Any ot the prececing events occurs with respect to any guarantor, endorser, surety, or acoornrodalion party of any of the moeDtocriass or any guarantor, endorser, surely, or acccrnmndation party dies or becomes incompetent 0r revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event ot a death, Lender, at tts option, may, but shaS not be required to, penm'rt the guarantor's estate 10 assume unconditionally tha c&tgaliorts arising under tha guaranty In a manner satisfactory to Under, and, in doing so, cure any Event ol Default
Adverse Change. A material adverse change occurs in Sorrower's financial condition, cr Lander oeflaves the prospect of payment or performance of this rVoto Is Impaired.
Cure Provisions, if any default, other than a dstautt in payment is curable and ii Borrower has not been given a notes ot a broach of the same provision of this Note within the preceding twelve (12) months. It may be cured (and no event of default will have occurred) It Borrower, after receiving written notice from Lender demanding euro ot such default (1} Cures the default within fifteen (15) days; or (2) ff the cum requires more than rrfleen 05) days, immediately imitates steps which Lender deems in Lender's sole discretion to be eufficiant to cure the default and tharaaiter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as ratisoTObfy practical.
LENDER'S RIGHTS. Upon default, Lender may declare Ihe antirs unpaid principal balance on this Note and ait scented unpaid Interest immodiateV due, and then Borrower will pay that amount.
ATTORNEYS* FEES; EXPENSES. Lender may hire or pay someone else to help coSect this Note ytlftY WAIVER, tender and Borrower hereby waive th« ri-jht to any |ury trial In any action, proceeding, or counterclaim brought by either Lander or Borrower against the other.
GOVERNING LAW. This Note will be governed by, construed and enforced tn accordance with federal law and the taws of the State of Illinois. This Note has been accepted by Lender In the State of Illinois.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lsmief reserves a right ot setoff in all Borrower"a accounts with Lander (whether Chocking, savings, ot some cttter aaxwrrt), ThJs Includes all oaaunts Borrower hokja jointly with someone else and all accounts Borrower may open si the future Mowavcr. this does not Include any IRA r- kaogh accounts, or any trust accounts for which setoff would be -*ror*ted by law. Borrower authoritcs tender, to r» extent permitted by tip? i'teabio taw. to charge cr setoff all sums owing on the Indebtedness against any and all Such accounts.
SUCCESSOR INTERESTS. The terrrfc of this Note shall be binding upon Borrower, and upon Bcrrcwet's heirs, personal representatives, successors and assigns, and shall inure k> *N> banal it of Lender and Its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES, mease noaty us If we report any Inaccurate Wormatjcn about your ecccur*t(e) to a consumer reporting agency. Your written notice descrtring the specific inaccuracy (las) should be sent to us at the following address: ShorsBan* of Chicago 7054 South Jeffery Blvd. Chicago, IL 60649
GENERAL PROVISIONS. Lender may delay or largo enforcing any ol its rights or nernedfes under this Note without losing them. Each Borrower understands and agrees that, with or without noses to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured teens or otnerwes extend addlUonal credit; (b) alar, oorrrpromisa, renew, extend, eeoeterato, or otherwise change ono or mere tfcnoa the Brno for payment or other terms any Indebtedness, including irtcrefcsas and decreases of the rats ot Interest on the indobtedness; (o) exchange, on force, waive, subordinate. faH or decks* not to perfect, end release any security, with or without the substitution at new collateral; (d) apply such security and direct (he order or manner oi sale thereof, inducing without limitation, any tvvHutljcial sale pen rutted by tha terms ol the controlling security agreements, as Lender m Its discretion may date-mine; (e) release, substltuto, ag*ee not to sue. or deal with arty one or more of borrower's sureties, endorsers, or other guarantors oft any terms or In any manner Lender may choose; and (f) ctetenriiri how, when and what application of payments and credits shall be mads on any other Webtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses tnte Note, to the extent altowod by taw, waive presentment demand for payment, and notice of dishonor. Upon any change in the terms of this Nota, and unless otherwise axpressfy stated si writing, no party who signs this Note, whether as maker, guarantor, aa»rr*riodaijon maker or endorser. sMfl 6a released from llabiity. Ai such parties agree that Lender may renew or extend (repeatedly and tor any length of *na) this loan or release any party or guarantor or collateral; or Impair, tai to realize upon or perfect Lender's security Interest in the collateral; and lake any other action deemed necessary by Lender without the consent of or notice to anyone. Ail such parties also agree that Lander may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several
TRUSTEE'S LIABILITY. This Note (a being executed by CHICAGO TITLE LAND TRUST COMPANY not personally but as Trustee in the exercise of the power and authority conferred upon and vested tn that person or entity as such Trustee, and Is payable by CHICAGO TITLE LAND TRUST COMPANY cniyput of the assets of (he Trust described above or from any coHstsra! lor this loan. This limitation, however, shall In no way modify or cflscbarpe the personal liability at any other guarantor, ocrborrower, or cosigner of this Note.
ILLINOIS INSURANCE NOTICE, Unless Bo/rower provides Lender with evidence of the Insurance coverage required by Borrower's agreement with Lender. Lender may purchase Insurance at Borrower's expense to protect Lender's Interests In tha collateral This Insurance may, but need not, protect Borrower's Interests. The coverage that Lander purchasoa may not pay any claim that Borrower makes or any claim that is made against Borrower In connection with the collateral. Borrower may later caned any Insurance purchased by Lender, but only after providing Lander with evidence that Borrower has obtained Insurance as required by their agreement It Lcrrder purchases insurance for me collateral, Borrower win be responsible for ma costs of that Buursnce, Including interest and any other charges Under may Impose in connection with the placement ot tne Insurance, until the effective date of me cancenaUon or expiration of tne Insurance. The coals of the Insurance may be added to Borrowers total outstanding balance cr obligation. The costs of the Insurance may be more than tns cost of Insurance Borrower may be able to obtain on Borrower'* own.
08/05/2010 10:10 FAX 773 420 0834
PROMISSORY NOTE
Loan No: 62725 (Continued) Page 2
repossession or any ©-her method, by any creditor of Borrower cr by any governmental agency against any collateral securing the loan. This includes a garnishment of any ol Borrower's accounts, Including dsposlt accounts, with Lender. However, this Event ol Default shall not apply if thete ie a good laiih dispute by Borrower as to the validity or reasonableness of the claim which ts the basis of the creditor or forleiture proceeding and if Borrower gives Lender written notice ol (he creditor or forfeiture proceeding and deposte wiih Lender monies or a surety bond for the creditor or forfeiture prcoeeding. in an amount determined by Lender, in its sofa discretion, as being an adequate reservs or bond for the dispute.
Events Affecting Guarantor. Any of tha preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or acccrnmodab'an party dies or becomes inccrnpetsnl or revokes or cDsputaa the validity Of, or liability under, any guaranty of the indebtedness evidenced by this Note, in the event of a death, Lander, at its option, may, but shall not be required to, permit the guarantor's estate lo assume wKonditionaJly tne oUigatjons arising under the guaranty In a manner satisfactory to Lander, and, in doing so, cure any Event of Detautt.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lander believes the prospect ot payment or performance of this Note Is impaired.
Cure Provisions, tf any default, other than a default in payment is curable and if Sorrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve <12) months. It may be cured (and PO evert of defauti will have occurred) if Borrower, after receiving written notice from Lender demanding euro of such default- {") Cures the default wtlhin fifteen (15) days; or (2) it tha cure requites more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to oe sulCcidnt to cure the default and thereafter continues and completes all reasonable and necessary Steps sufficient to produce compliance as soon as reasonably practical
UENOER'S RIGHTS. Upon default, Lender may declare the antlra unpad principal balance on this Note and ail accrued unpaid interest immediate!/ duo, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower wffl pay Lender that amount This Wudes, subject to any limits under -tppJlcabte law, Lender's attorneys' fees and Lender's legal expenses, whether or not thera is a lawsuit, Including attorneys' teas, expenses for bankn-ptey proceedings (including efforts to modify or vacate any automatic stay or !n|unction), and appeals. H not prohibited by appllcabis law, Borrower also will pay any court costs, In addlion to ad other surra provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any |ury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other.
GOVERNING LAW. This Note will be governed by, construed and enforced In accordance with federal law and the laws of tha State of Illinois. This Note has been accepted by Lender in the state of Illinois.
RIGHT OF SETOFF. To the extant permitted by applicabte law, Lander reserves a right of setoff in ail Borrower's accounts with Lender (whether checking, savings, or some cthar ttccount), TCs Includes ail amounts Borrower holds jointly wtth someone else and all accounts Borrower may open ii the future. However, this does not Include any IRA <¦• Koogh accounts, or any trust accounts for which setoff would be prohfcHed by law. Borrower authorizes Lender, to tK.a extent pom-mad by an icabio law. to charge or setoff all sums owing on the Indebtedness against any and all such accounts.
SUCCESSOR INTERESTS. The tarns of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal reprsserrtaitves, successors and assigns, end shall inure io f-.a benatit of Lander and Its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us It we report any Inaccurate inrormaticn abswt your accct^t(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy (tesj should be sent to us at tha fc.1-r-.ving address: ShorsBanK of Chicago 7054 South Jeffery Blvd. Chicago, IL 80649
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remecSee under this Note without losing them. Each Borrower understands and agrees thai with or without nctJca to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwfea extend additional credit; (b) altar, compromise, renew, extend, accelerate, or otherwise change one or mere times the time for payment or other terms any Indebtedness. Including increases and decreases of the rats of interest on the indoDtednass; (c) excha%e, enforce, waive, subordinate. fa« or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the craer or manner of sale therec". Including without Itnrtalloa any nr^udciai sale perrnittsd by Ihe terms cf the controlling security agreements, as Lender in its discretion may dtrtemsne; (e) release, substitute, ap/eo not to sue, or deal with arty one or more of Sorrower's sure-Jos, endorsers, or other guarantors cn any (arms or in any manner Lender may choose; and (0 deterrnjn> how, when and what application of payments and creclts shall be made on any other indebtedness owing by such other Borrower. Borrower arid any other person who signs, guarantees or endorses this Nota, to the extent allowed by law, waive presentment, demand for payment and notice of dishonor, upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whsihsr as make*, guararTtor, accommodation maker or endorser, shall be released from llabBty. Al such parties agree that Lender may renew or extend 'repeatedly and for any length of Urns) this loan or release any party or guarantor or collateral; or impair, tai to realize upon or perfect Lender's security Interest in the ceflaisral; and take any other action deemed necessary by Lander without tha cons ant of or notice to anyone, AH such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modifioation is made. The obligations under this Note are joint and several.
TRUSTEE'S LIABILITY. This Note Is being executed by CHICAGO TITLE LAND TRUST COMPANY not personalty but as Trustee in Ihe exercise of tha power and authority conferred upon and vested m that person or entity as such Trustee, and is payable by CHICAGO TITLE LAND TRUST COMPANY only out of the assets ol cha Trust described above or from any collateral tor this loan. This (imitation, however, shall in no way modify or discharge ihe personal llabiJity of any other guarantor, co-borrower, or cosigner of this Note.
ILLINOIS INSURANCE NOTICE. Unless Borrower providss Lender with evidence of the Insurance coverage required by Borrower's agreement with Lender, Lender may purchase Insurance at Borrower's expense to protect L(rider's Interests tn the collateral This Insurance may, but need not, protect Borrower's interests. The coverage that Lender purchases may not pay any claim that Borrower makes or any claim thai ta made against Borrower In connection with the collateral. Borrower may later cancel any Insurance purchased by Lander, but only after providing Lender with evidence thai Borrower has obtained Insurance as required by their agreement tf Lender purchases Insurance for the collateral, Borrower win be responsible for the coat* ot that Insurance, Including Interest and any other charges Lender may Impose tn connection with the placement of the Insurance, until the effective date of the cancellation or expiration of fne Insurance. The costs of the Insurance may be added to Borrower's total outstanding balance or obligation. The costs of the Insurance may bo more than ma cost of insurance Borrower may be able to obtain on Borrower's own.
COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST
Principal • $150,000.00 Loan Date 1O28-2002 \ : 11-01?*»2. CajyCcfV/f.; Accwnf;:;: OtfRcer .InttteJa
References In tne shaded area are for Lender's use only and do not limit the applicability cf this document to any particular loan or item. Any item above containing ""•* has been omitted due to text length limitations.
Borrower: casanova lamon JOHNSON (SSN: 332-34-0888); and CHICAGO TITLE LAND TRUST COMPANY, NOT PERSONALLY, BUT AS TRUSTEE UTA DATED 07/19/99 AND KNOWN AS TRUST NUMBER 1107363 4512S.0REXEL BLVD. CHICAGO.IL 60615
Grantor:
CASANOVA LAMON (SSN: 358-38-6847) LfTAec*L#. SHERRY JOHNSON (SSN: 332-64-0886) 4512 8. DREX EL BLVD. CHICAGO, IL 60615
Lender: ShoreBank ShoreBank
7064 South Jeffery Blvd. Chicago, IL 60649
_Dbcl Data,
Acct LMs«r*u.
UL
THIS COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST dated October 28, 2002, le made and executed between CASANOVA LAMON end SHERRY JOHNSON, 4512 S. DREXEL BLVD., CHICAGO, IL 60615 ("Grantor") and ShoreBank ("Lender").
GRANT OF SECURITY INTEREST. For valuable consideration. Grantor faintly and severally Grants a security Interest In and assigns to Lender all of Grantor's right, title and beneficial interest fn end to the Trust described below to secure payment of the Indebtedness snd agrees that Lender shall have me rights stated In this Assignment with respect to the beneficial Interest In the Trust and the Property held In the Trust In addition to all other rights which Lender may have by law, Grantor hereby waives and releases to Lender all rlghta and benefits accruing under and by virtue of any and all statutes of the State of Illinois providing for the exemption of homesteads from sale on execution or otherwiae and all other Interests tn the Property held In the Trust, Including without limitation ell exemptions Grantor may have under State of Illinois and federal bankruptcy and Insolvency laws In the beneflclsl interest and the Property held In tho Truet which asld rights and benefit* Grantor does hereby release and waive.
PROPERTY DESCRIPTION. The word "Collateral'' as used in this Assignment means aH of Grantor's right, title and beneficial Interest in and to Iho Trust and the following property, whether now owned cr hereafter acquired and whether now existing or hereafter arising:
Ail additions to and all replacements of and substitutions for any property described above.
Ail products and produce of any ot the property described in this Collateral section.
All accounts, contract rights, general intangirtea, instruments, monies, payments, and all other rights, arising out of a sale, lease, or other disposition of any of the property described in this Collateral section.
All proceeds (including insurance proceeds) from tne sale or other disposition ot any ot the property described in this Collateral section.
All records relating to any of the property- described in this Collateral section, whether in the form of a writing, micrcfim, microfiche, or electronic media.
Tha word "Property- means all property, or tide thereto, held In or by me Trust, including without limitation all interests In the Raa! Property, whether now existing or hereafter included In the Trust
The words "Real Property mean the following described real property, together with all existing or subsequently erected or affixed buildings.
improvements and fixtures; all easements, rights cf way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in
utilities with ditch or Irrigation rights); and alt other rights, royalties, and profits relating to the real property. Including without limitation ail minerals, oil.
gas, goo thermal and similar matters, located In COOK County, State of Illinois:
THE WEST 54 FEET OF THE SOUTH 116 FEET OF LOT 20 IN MARGARET JOHNSTON SUBDIVISION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3. TOWNSHIP 38 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
The Real Property or Its address Is commonly known as 646-50 E 43R0 STREET, CHICAGO, IL 80653. The Real Property tax Identification number is 20-<^22S-044-OQ^ ;20-O3-22S-O4S-0O00
GRANTOR'S WAIVERS. Qranlor waives all requirements ol presentment, protest, demand, and notice of dishonor or non-payment to Borrower or Grantor, cr any other party lo the Indebtedness or the Collateral, Lender may do any of the following with respect to any obligation of any Borrowor, without first obtaining tha consent of Gramor. (A) grant any extension of time for any payment, (B) grant any renewal, (C) permit any modification of payment terms or other terms, or (D) exchange or release any Collateral or other security. No such act or failure to act shall affect Lancer's nghts against Grantor or the Collateral.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In alt Grantor's accounts with Lender (whether checking, savings, or some othar account). This includes all accounts Grantor holds fointty with someone else and aJJ accounts Grantor may open, in tha future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Grantor autnortzes Lender, to the extent permitted by applicable law, to charge or setoff ail sums owing on the Indebtedness against any and ail such accounts.
POWER OF DIRECTION. The sole power o* direction under the Trust snail be held oy Lender.
REPRESENTATIONS AND WARRANTIES CONCERNING COLLATERAL Grantor represents, warrants and covenants fo Lender ai all limes wn*e this Assignment is in effect as follows:
Perfection of Security Interest Grantor agrees to execute and deliver to Lender such assignments and other documents and to take whatever
other actions are requested by Lender to perfect and continue Lenders assignment and security interest in the Collateral. Grantor shall deliver to
Lender all original documents creating the Trust, unless such documents are held by the Trustee and are not available for delivery to Lander
Upon request of Lender, Grantor will deliver to Lender any and all of the documents evidencing or constituting the Collateral.
Transactions Involving Collateral. Grantor makes the following representations and warranties with respect to the Property.
Additional Liens. Gramor shall not transfer, pledge, mortgage, encumber or otherwise permit the Property to be subject to any Hen security
interest encumbrance, or charge, other than the security interest provided for in this Assignment, without the prior written consent of Lender. This
COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST
Loan No: 62725 (Continued)
includes security interests even il junior in right to the security interest granted under this Assignment. Grantor expressly authorizes and directs Trustee not to accept, or register upon its trust records, any subsequent assignment while this Assignment is in torce and effect and while any portion of the Indebtedness remains unpaid. Grantor shall not direct Trustee to lease, sell, transfer or encumber any of the Property In Ihe Trust (nor suffer cr permit anyone else to do so) without Lender's prior written consent. Trustee upon acceptance of this Assignment agrees to bo bound by the provisions ot this Assignment and to recognize and honor the power of direction as being solely vested In Lender, except as otherwise may be specified herein.
POSSESSION AND MAINTENANCE OF THE PROPEHTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until the occunenca of an Event of Default, Grantor may (1) remain In possession and control of ma Property; (2) use, operate or manage the Property; and (3) collect the Rents Irem the Property.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that (1) During the period of Grantor's ownership cf the Property, there has been no use. generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property. (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lander in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threataneo litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Grantor nor any tenant, contractor, agent or ether authorized user ot the Property snail use, generate, manufacture, store, treat, dispose ot or release any Hazardous Substance cn, under, about or from the Property; and (b) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Properly to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Assignment. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not bo construed to create any responsibility or liability on the part ol Lander to Grantor or to any other person. The representations and warranties contained herein aro based on Grantor's due diligsnca in Investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity cr comributioo In the event Grantor becomes liable for cleanup or other costs under any such laws: and (2) agrees to Indemnify and hoic harmless Lender against any and alt claims, losses, liabilities, damages, penalties, and expenses which Lender may dirootly or indirectly 6ustain or suffer resulting from a breach cf this section of tha Assignment or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest In the Property, whether or not the same was cr should have been known to Grantor. The provisions of this section of the Assignment, including the obligation to indemnity, shall survive tho payment of the indebtedness and the satisfaction and reconveyance of the lien of this Assignment and shall not be affected by Lender's acquisition ot any interest in tha Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffar any stripping of or waste on or to tho Propeny or any portion of the Property. Without limiting the generality of the foregoing. Grantor wilt not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, grave) or rock products without Lander's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lander's prior written consent. As a condition to the removal of any Improvements, Lander may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's intorests and to Inspect the Real Property for purposes ol Grantor's compliance with the terms and conditions ol this Assignment.
Compliance With Laws. Grantor warrants that the Propeny and Grantor's use of the Property compiles with a'l existing applicable laws, ordinances, and regulations oi governmental authorities.
Duty to Protect Grantor agrees neither to abandon or leave unattended tha Property. Grantor snail do ail other acts. In addition to those acts set forth above tn tfils section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
TAXES AND LIENS. The following provisions relating to tho taxes and liens on the Property are part of this Assignment:
Payment. Grantor shall pay when due (and In ali events prfor to delinquency) all taxes, payroll taxes, special taxes, assessments, watar charges and sewer service charges levied against or on account of ihe Property, and shall pay when due all claims tor work done on or for services rendered or material furnished lo the Property. Grantor shall maintain the Property free- of any liens having priority over or equal to the Interest of Lender under this Assignment, except tor those Hens specifically agreed to in writing by Lender, and except for the lien ol taxes and assessments not due as lurther specified in the Right to Contest paragraph.
Right To Contest Grantor or Buyer may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over tho obligation to pay. so long as Lender's interest In the Property is not jeopardized. If a lien arises or is tiled as a result of nonpayment. Grantor or Buyer shaii within fifteen (15) days attar the lien arises or, if a lien Is filed, witnln fifteen (15) days after Grantor or Buyer has notice of tha filing, secure tha discharge ot the lien, or ii requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or saie under the lien. In any contest. Grantor or Buyer shall defend Itself and Lender and shall satisfy any adverse judgment bolore enforcement against the Property. Grantor or Buyer shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings.
Evidence ot Payment Grantor snail upon demand furnish to Lender satisfactory evidence of paymant ol the taxes or assessments and shall authorize tha appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work la commenced, any services ara furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of tha work services or materials and tha cost exceeds $5,000.00. Grantor will upon request of Lander furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay tho cost of such improvements.
PROPEHTY 0AMAGE INSURANCE. The following provisions rotating to Insuring the Real Property are a part of the Assignment.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a
cSSS^rt- ££™ * lnSU,abl0 Ve:"a COverinB a" lmP'°v8™"te °" »» Roal Pfcperty * an amount sufficient to avoid application of any
toZ u™JW»m 8 "WW* * 'avor °T, reascnab,y stable to Lender. Grantor shall deliver to Lender certificates of coverage from each nanwrteS>?»a
stpuiatcn that coverage wU not be cancelled or diminished without a minimum of ten (10) days prior written notfco to Larger ""WW* a
COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST Loan No: 62725 (Continued)
Application of Insurance Proceeds. Qrantor shall promptly notify Lender of any loss or damage to the Propeny If the cosl of repair or replacement exceeds 55,000.00. Lender may make proof of loss II Grantor falls to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired. Lender may, at fts election, apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair ol the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds lor the reasonable cost of repair or restoration If Grantor is not In default hereunder. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration ol the Property shall be used first to pay any amount owing to Lender under this Assignment, then to prepay accrued interest, and the remainder, if any, shad be applied to the principal balance ot the Indebtedness, tf Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor.
Unexpired Insurance at Sale. Any unexpired insurance shall Inure to ihe benefit ol. and pass to, the purchaser of the Property covered by this Assignment at any trustees sale or other sale held under the provisions of this Assignment, or at any foreclosure sale of such Property.
Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of Insurance showing: (1) the name of tha insurer; (2) the risks insured; (3) the amount of Ihe policy; (4) the property insured, the then current replacement value oi such property, and the manner of determining that value; and (5) the expiration date of me policy. Grantor snail, upon request of Lender, have ar Independent appraiser satisfactory to Lender determine tho cash value replacement cost ol tho Property.
WARRANTY; DEFENSE OF TITLE The following provisions relating to ownership of the Cofsteral and Property are a part of this Assignment:
Title. Grantor warrants and covenants that Grantor is the sole owner of the beneficial interest m the Trust, free and dear ol all Hens, security interests, and encumbrances, except for those disclosed to. and accepted by, Lender In writing. Grantor also warrants and covenants that it has the right to grant to Lender a security interest in the Coilaterai and will defend Lender against any and all claims and demands of any person to the Collateral and the Property.
Defense of Title Subject to the exception in the paragraph above, Grantor warrants and will forever dafond ihe title to tha Collateral and Property against the lawful claims of ail persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Assignment, Grantor snail delend the action at Grantor's expense. Grantor may be the nominal party in 6uch proceeding, but Lender snail be entitled to participate In Ihe proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordnance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in wrttlng prior to doing so and so long as. in Lender's sole opinion, Lender's Interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. CONDEMNATION. The following provisions relating to condemnation proceedings are a part ot this Assignment:
Application of Net Proceeds. If all or any part ot tho Property is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, Lender may at its election require that all or any portion ol the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' lees incurred by Lander in connection with the condemnation.
Proceedings. II any proceeding In condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented in the proceeding''by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation.
DEFAULT. Each of the tallowing, at Lander's option, shall constitute an Event of Default under this Assignment:
Payment Default Borrower tails to make any payment when due under the Indebtedness.
Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply wttn or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor,
Default In Favor of Third Parties. Should Borrower or any Grantor default unoer any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement. In favor of any other creditor or person that may materially affect any ol Bcnower's property or BonowarS or any Grantor's ability to repay the Indebtedness or perform their respective obligations under this Assignment or any of the Related Documents.
False Statement*. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Assignment or the Related Documents is false or misleading in any materia) respect, either now or al the lime made or furnished or becomes false or misleading at any time thereafter.
Defective Collaterallzatlon. This Assignment or any of the Related Documents ceases to be in full force and effect (Including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor.
Creditor or Forfeiture Proceedlnga. Commencement of foreclosure cr forfeiture proceedings, whether by judicial proceeding, sell-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment ol any of Borrower's or Grantor's accounts, Including deposit accounts, with Lender. However, this Event of Default Bhali not apply ft there is a good faith dispute by Borrower cr Grantor as to the validity or reasonableness of the claim which is ihe basts of the creditor or forfeiture proceeding and If Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lander monies or a surety bond tor the creditor or forfeiture proceeding, in an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to guarantor, endorser, surety, or accomodation party of any of
the Indebtedness or guarantor, endorser, surety, or accommodation party dies or becomes Incompetent or revokes or disputes the vaWiry of or
liability under, any Guaranty of the Indebtedness ' '
Adverse Changa A malarial adverse change occurs In Borrower's or Grantor's financial condition, or Lender believes the prospect of payment or
COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST Loan No: 6272S (Continued)
performance of the Indebtedness is Impaired. Insecurity. Lender In pood faith believes Itself insecure.
Cure Provisions. If any delaurt, other than a default in payment is curable and if Grantor has not been given a notice ot a breach cf the same provision of this Assignment within the preceding tweive (12) months, it may be cured (and no event of default wJI have occurred) if Grantor, after receiving written notice from Lender demanding cure ol such default: (1) cures tha default within fifteen (15) days; or (2) If the cum requires more than fifteen (15) days, immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary slaps sufficient to produce compliance as soon as reasonably practical.
RIGHTS OF LENDER. Upon the occurrence ol an Event of Default, Lender, at Its option, may exercise any one or more of the tallowing rights and remedies In addition to any other rights or remedies that may be available at law, in equity, or otherwise:
Accelerate Indebtedness. Lender may declare tha entire Indebtedness, Including any prepayment penalty which Borrower would be required io
pay, immediately due and payable.
Assemble Property. Lender may require Grantor to deliver to Lander all or any portion of the Property and any and all documents relating lo the Property. Lender may require Grantor to assemble the Property and make it available to Lender at a place to be designated by Lender which is reasonably convenient to both parties. Lender also shall have full pa*er to enter upon the Property to take possession of and manage the Property.
Sell the Collateral. Lender shafl have full power to sell, lease, transfer, or otherwise deal with the Collateral or proceeds thereof in its own name or that of Grantor. Lander may sail the Collateral at public auction. Unless tha Codaterai threatens to decline speedily In value cr is of a type customarily sold on a recognized market, Lender will give Grantor reasonable notice of the time after which any private sale or any other intended disposition of the Collateral Is to be made. The requirements ef reasonable notice shall be met H such notice is given at least ten (10) days before the time of the sale or disposition. AH expenses relating to the disposition ol the Collateral, including without limitation the expenses of taking over the Collateral, in selling tho beneficial interest, including reasonable attorneys' fees, trustee's fees, advertising coats, master's lees, cost ol documentary evidence and experts, stenographers' charges, publication costs, appraisal foes (including costs of Internal appraisal), fees for abstracts of title, title searches and examinations, guaranty policies, title Insurance polices and similar items and assurances respecting title to the Collateral and Ihe retaking, holding, preparing lor sale, and selling the Collateral shall become a part o( the Indebtedness secured by this Agreement, and shall be payable on demand, with Interest at tho Note rate from data of expenditure until repaid.
Mortgagee tn Possession. Lender shall have the right to be placed as mortgagee in possession or to have a receiver appointed to take possession ot all or any part of Ihe Property, witti the power to protect and preserve the Property, to operate tha Property preceding foreclosure or sale, and to collect the Rents from tha Property and apply tha proceeds, over and above the cost ol the receivership, against the Indebtedness. The mortgagee in possession or receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver.
Collect Revenues. Landar may revoke Grantor's rlgnt to manage tho Property and to collect the rents, issues and profits from the Collateral, and may, without notice or demand, take possession of the Property, title to which Is held by the Trustee, and either itself or through a receiver, collect the rents, issues and profits therefrom. To facilitate collection, Lender may notify Grantor's account debtors including any tenants on the Property to make payments directly ta Lender.
Obtain Deficiency. Lender may obtain a Judgment fcr any deficiency remaining on the Indebtedness due to Lender after application ol all amounts received from the exercise of the rights provided in this Assignment.
Consent to Proceedings. Grantor expressly consents and agrees to tha institution ol any proceedings by Lander to enforce this Agreement and its lien against the Collateral to effect a salo thereof, or to enforce payment of the Note and Indebtedness, without previous sale or reduction to possession of any other property pledged to secure the Note or Indebtedness, without regard to the terms or provisions ot tho Kiote or written instrument pertaining to the sale or reduction to possession of any such pledged property.
Other Rights and Remedies. Lender shall have and may exercise any or all of the rights and remedies ot a secured creditor under the provisions ol the Uniform Commercial Code, at taw. in equity, or otherwise.
Election of Remedies. Except as may be prohibited by applicable law, all of Lander's rights and remedies, whether evidenced by this Assignment or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Eection by Lender to pursue any romady shall rwt exciudo pursuit ot any other remedy, and an election to make expenditures or to lake action to perform an obligation of Grantor under this Assignment, after Grantor's facure to perform, shall not affect Lander's right to declare a default and exercise Its remedies.
INDEMNIFICATION OF LENDER. Grantor agrees to indemnify, to delend and to save and hold Lender harmless (rom any and all claims, suits, obligations, damages, losses, costs and expenses (Including, without limitation. Lender's attorneys' fees), demands, liabilities, penalties, tines and forfeitures of any nature whatsoever that may be asserted against or incurred by Lender, Its officers, directors, employees, and agents arising out of, relating to, or in any manner occasioned by this Assignment and the exorcise cl the rights and remedies granted Lender under this. The foregoing indemnity provisions shall survive the cancellation of this Assignment as to ail matters arising or accruing prior to such cancellation and the foregoing indemnity shall survive in the event that Lender elects to exercise any ol the remedies as provided under this Assignment following default hereunder.
LENDER'S EXPENDITURES. K any action or proceeding b commenced that would materially affect Lender's interest In the Property cr if Grantor tails to comply with any provision ol this Assignment or any Related Oocuments, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's behalf may (but shall not b9 obligated to) rake any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens, security interests, encumorancos and other claims, a; any time levied or piaeed on the Property and paying all costs for insuring, maintaining and preserving ths Property. All such expenditures incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the data incurred cr paid by Lender to tho date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at I.crier's option, wtil (A) be payable on demand; (B) be added to the balance of tne Note and be apportioned among and be payable with any installment payments to become due during ellher (1) the term of any applicable Insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. Tie Assignment also will secure payment of these amounts. Such rigm shall be in addition to all other rights and remedies to which Lender may be entitled upon Default
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part ol this Assignment
Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parlies as to
' Z?~ f Z IVJ^U 'n H'.S A?si8"me'11- No alteration cl or amendment to this Assignment shall be effective unless given in writing and signed by
the party or parties sought to be charged or bound by the alteration or amendment. w '
r^vl^hTi «PfhT!!!: „" Ler*Lr ins,itu,es ™Y suit or action ,0 en,0fce a"/ of the terms of this Assignment. Lender shall be entitled to recover such sum the court may adjudge reasonable as attorneys' tees at trial arxl upon any appeal. Whether or not any court action Is
COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST Loan No: 62725 (Continued)
Involved, and 10 the extent not prohibited by law. all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of Its rights shall became a part of the Indebtedness payable on demand and snail bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, Including attorneys' lees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment collection services, the cost oi searching records, obtartlng title reports (Including foreclosure reports), surveyors' reports, and appraisal fees and tide Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to ai! other sums provided by law.
Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or deline the provisions ol this Assignment.
Governing Law. This Assignment will be governed by, construed and enforced In accordance with federal law and the laws of the State of Illinois. Thla Assignment has been accepted by Lender in the Stats of Illinois.
Merger. There shall be no merger cf the Interest or estate created by this Assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender In any capacity, without the written consent of Lender.
Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or. If mailed, wnen deposited In the United States mail, as first class, certified or registered maB postage prepaid, directed to the addresses shown near the beginning ol this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lander informed at all times of Grantor's currant address. Unless otherwise provided or required by taw, If there Is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
Severability. It a court of competent jurisdiction finds any provision of this Assignment to be Illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make Ihe offending provision Itegai, Invalid, or unenforceable as to any other person or circumstance. II feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable, if Ihe offending provlson cannot be so modified, it shall be considered deleted from this Assignment Unless otherwise required by law, the Illegality, invalidity, or unenforceability ot any provision of this Assignment snail not affect the legality, validity or enforceability of any other provision of this Assignment.
Successors and Assigns. Subject to any limitations stated in this Assignment on transfer oi Grantor's interest this Assignment shall be binding upon and Inure to ihe benefit of Ihe partes, their successors and assigns, if ownership of tne Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may ceal with Grantor's successors with reference to this Assignment and the Indebtedness by way ot forbearance or extension without releasing Grantor horn the obligations ol this Assignment or liability under the Indebtedness.
Survival ot Representations and Warranties. All representations, warranties, and agreements made by Grantor In thts Assignment shall survive the execution and delivery of this Assignment, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full.
Time la of (he Essence. Time Is of trm essence In the performance of this Assignment.
Waive Jury. All parties to this Assignment hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by any party against any other party.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws ol the State ot Illinois as to ail Indebtedness secured by this Asskjriment
No Waiver by Lender. Lender snail net be deemed to have waived any rights under this Assignment unless such waiver Is given In writing and signed by Lender. No delay or omission on tha part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender cf a provision of this Assignment shall not prejudice or constitute a waiver cf Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver oi any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lander In any instance shall not oon3tltute continuing consent to subsequent Instances where such consent Is required and in ail cases such consent may be granted or withheld in the sole discretion ot Lender.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used In the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined In th s Assignment snail have the meanings attributed to such terms In the Uniform Commercial Code:
Assignment. The word "Assignment* means this Col)atoml Assignment of Beneiicia) Interest as this Collateral Assignment of Beneficial Interest may be amended or modified from time to time, together with all exhibits and schedules attached to this Collateral Assignment of Beneficial Interest from time to time.
Borrower. The word "Borrower- means CASANOVA LAMON: SHERRY JOHNSON; and CHICAGO TITLE LAND TRUST COMPANY, NOT PERSONALLY. BUT AS TRUSTEE UTA DATED 07/19/99 AND KNOWN AS TRUST NUMBER 1107366, and all other persons and entitles signing the Note in wtiafever capacity-Collateral. The word ¦Collateral'' means a!) of Grantors right, titte and interest in and to all the Collateral as described In the Property Description section of this Assignment
DefaulL The word ¦Default" means the Default set forth In this Assignment In the section titled "Default".
Environmental Laws. The words "Ertvlronmental Laws" mean any and all state, federal and local statutes, regulations and ordinances rstatira to f^^T^ ^i!"16" healUl or environm«n». including without limitation the Comprehensive Envrronmental Response. Compensation and L*l5o%22» ™«Tn2?' tLU-5i?-.Sf?i°? 9801' * <'CERCLA"), the Superfund Amendments and Rea^attrTA^oT^o^ub. Act 42^ C ss^aa? -r^0"8 ^^J^P^ Act 49 u.S.C. Section 1801, et seq tne Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applleaole state or federal laws, rules, or regulations adopted pursuant thereto.
Evem^Defaun. The words -Event cf Default' mean any ol the events of default set forth In this Assignment in the defaul! section of this Grantor, The word "Grantor' means CASANOVA LAMON and SHERRY JOHNSON.
Guaranty, The wore •Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST Loan No: 62725 (Continued)
limitation a guaranty of all or pen of the Note.
Hazardous Substances. The words "Hazardous Substances' mean materials that, because of their quantity, concentration or physical, chemical cr Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, , stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances* are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances' also Includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word 'Improvements" means all existing and future improvements, fixtures, buildings, structures, mobile homes affixed on tho Real Property, faeilltlaa, additions, replacements and other construction on the Reai Property.
Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses tncuned by Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided In this Assignment
Lender. The word "Lender" means ShoreBank, Its successors and assigns.
Note. The word 'Note* means tho promissory note dated October 28, 2002, In the original principal amount of $150,000.00 from Borrower 10 Lander, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions lor the promissory note or agreement. The interest rate on the Note Is a variable Interest rate based upon an index. The index currently is 7.000% per annum. Payments on the Note are to be made In accordance with the following payment schedule: in 240 payments of St.162 55 each payment. Borrower's first paymont is due December 1, 2002. and alt subsequent payments are due on tha same day of each month after that. Borrower's final payment will be due on November 1. 2022, and will be lor ail principal and all accrued Interest not yet paid. Payments include principal and interest. If the index Increases, tne payments tied to the Index, and therefore the total amount secured hereunder, will increase. Any variable Interest rate tied to tho Index shall be calculated as ol. and shall begin on, the commencement date indicated for the applicable payment stream. Notwithstanding the foregoing, re variable Interest rate or rates provided (or in this Assignment shall be subject to the following minimum and maximum rates. NOTICE: Under no circumstances shall the interest rate on this Assignment be less thai 2.000% per annum or mors than the lesser ot 12.000% per annum or the maximum rate allowed by applicable law. The Note Is payable in 240 monthly payments of $1,162.95. The maturity date of this Assignment Is November 1. 2022.
Property. Tne word "Property" means all of Grantor's right, title and interest in and to all the Property as described In the "Property Description" section of this Assignment.
Real Property. The words "Real Property' mean the reai property, interests and rights, as further described In this Assignment.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds ol trust, security deeds, collateral mortgages, and ail ether instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. Tha ward "Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived trom the Property.
Trust. The word Trust" means that certain land trust created by a Trust Agreement dated July 19,1999, Trust Number 1107366. and known as CHICAGO TITLE LAND TRUST COMPANY, NOT PERSONALLY. BUT AS TRUSTEE UTA DATED 07rta"J9 ANO KNOWN AS TRUST NUMBER
1107366.
Trustee. The word Trustee" moans CHICAGO TITLE LAND TRUST COMPANY, whose address is
and any substitute or successor trustees.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST AND GRANTOR AGREES TO ITS TERMS. THIS COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST IS DATED OCTOBER 28, 2002.
GRANTOR:
BENEFICIARY
Thli Collateral Assignment of Beneficial Interest prepared by:
KEVIN MCVEY, VICE PRESIDENT
ShoreBank
7034 S Jeffrey Blvd
Chicago, IL 60649
COLLATERAL ASSIGNMENT OF BENEFICIAL INTEREST Loan No: 62725 (Continued)
ACCEPTANCE BY LENDER
In consideration ot the foregoing Collateral Assignment of Beneficial Interest for security purposes from Grantor to Lender and the mutual benefits and advantages flowing between the parties and other valuable consideration. Lender hereby accepts the foregoing Assignment, subject 10 ali the terms and provisions of the Trust Agreement numbered 1107366, dated July 19. 1999, and known as CHICAGO TITLE LAND TRUST COMPANY, NOT PERSONALLY, BUT AS TRUSTEE UTA DATED 07/1*139 AND KNOWN AS TRUST NUMBER 1107366, but Lender hereby expressly disclaims any and all of the liabilities imposed by the Trust Agreement upon the beneftelery or beneficiaries thereof, until such time as Lender shall exercise the rights and privileges conferred on It by the foregoing Assignment. j
ACCEPTANCE BY TRUSTEE
CHICAGO TITLE LAND TRUST COMPANY, not IrxtrvWualkr, but as Trustee, herec^ckncwiectoes the receipt of the Collateral Assignment of Beneficial
Interest to Lender, as set forth above, on l0lj*r{ StOOl%6.M accepts the same In accordance with tha terms and
provisions of the Trust Agreement numbered 1107366,'dated July 19. 1999, and known as CHICAGO TITLE LAND TRUST COMPANY, NOT PERSONALLY. BUT AS TRUSTEE UTA DATED 07/19/99 AND KNOWN AS TRUST NUMBER 1107366. Until the Assignment ta released by Lender, CHICAGO TITLE LAND TRUST COMPANY agrees not to permit or allow Grantor to deal with the Trust In any manner Inconsistent with the foregoing Assignment unless such act la approved In writing by Lander.
Trustee: /CHICAGO TTTLE^LAND JFUJ>T COMPANY
Date: iQ'l^-fS. By JTrust Ice/ Tj
RELEASE (AFTER PAYMENT)
Tne foregoing Collateral Assignment of Beneficial Interest from CASANOVA LAMON and SHERRY JOHNSON to ShoreBank is hereby canceled and released.
Lender: ShoreBank
Date: By.
Authorlxed Officer
0021193471
nan/doss ix\ ooi * tf 2
2002-10-29 13544s
FACSIMILE ASSIGNMENT OF
BENEFICIAL INTEREST
DATE: OCTOBER 28,2002
FOR VALUE RECEIVED, THE ASSIGNOR (S) HEREBY, ASSIGN, TRANSFER, AND SET OVER UNTO ASSIGNEE (S), ALL EF THE ASSIGNOR'S RIGHTS, POWER, PRIVILEGES, AND BENEFICIAL PNTCREST IN AND TOTTIAT CERTAIN TRUST AGREEMENT DATED THE 19TH DAY OF JULY, 1999 AND KNOWN AS TRUST NUMBER 1107366 AT CHICAGO TITLE LAND TRUST COMPANY INCLUDING ALL INTEREST LN THE PROPERTY HELD SUBJECT TO SAID TRUST AGREEMENT.
THE REAL PROPERTY CONSTITUTING THE CORPUS OF THE LAND TRUST IS LOCATED IN THE MUNICIPALITY (IES) OF CHICAGO IN THE COUNTY
X EXEMPT UNDER THE PROVISIONS OF PARAGRAPH C, SECTION 3 LAND TRUST RECORDATION AND TRANSFER TAX ACT.
NOT EXEMPT. AFFIX TRANSFER STAMPS BELOW.
ADDRESS CITY
PHONE NO.
KEVIN MCVEY, ShoreBank 7054 S. Jeffery Blvd. Chicago, EL 60649 773-420-4729
FILING INSTRUCTIONS:
THIS DOCUMENT MUST BE RECORDED WITH THE RECORDERS OF THE COUNTY IN WHICH THE REAL ESTATE HELD BY THIS IS LOCATED.
(2) THE RECORDED ORIGINAL OR A STAMPED COPY MUST BE DELIVERED THE TRUSTEE WITH THE ORIGINAL ASSIGNMENT TO BE LODGED.
(ILrusf (Agrermc«t,<,a;cc_ Juii .,3, ^^.^.^.sr-^u^t, jwm "lff
¦' *«C3£P0
CHICAGOTFTLE LANDTRUST COMPANY « corpo.ai.cn o< lii.ro.s. as iilvdc ,s «rx>ui ti> take fegai
.icrf ti: • tc the
SEi attache0 RIOFR
jn-ci-: 75-021.-0000, 20-0^-1-5-025-3000,
20-0*-125-026-0003; 20-0*-125-027-0000;
p»-tra"tf.;la. > JO-Qli-1 2S-C28-S30O MBC'»»ee * I* jonwerc ial property
rt *¦ k^o.v*. a 6<*r',MC- -vho!o .1 frit 'tw !A*t Af»J putpi.-WS una *»' Cle 'NiVS rocin A.v 3;ntr p'9p
i'"? :< el's!, no: tic zortyzzt
Pf, US.'I'/.JtJ jUi IH1ERIST IH; CASANOVA t>. LAKilS
1.- c*c event oc the deech of 3«>d CASANOVA LAMON, during tne evidence of ;'ni* truit, nil ij.Ii » I'ohi, title cr i".terc4t 101 pravtouiW 4S«ign«d or o:herv;ise disposed of sK«H r*
I !KCrjl3:0 50* '.UTERtST 111: 5H£R.ftV JCHKSOii
i •.*••« «»«»t 3* the 4«»:h of SHEWY i, J0KNSCK, during too **UcePCC of t»><«
1 »u:h rioir, ritl» or interest not previously ar.t^ncd or o(i>fwi»e -5* I" !a Johft^ort, t*ei mo'.iicr , t < '.intM living.
CAS-AKOVA D, LA.-.0:i and SHERRY E. JOHHSCK
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! 7>.00
ar-ti ^ i^r.'fjftf- C-f ^- ft-V in »dv»or ¦* lor ryitoVg t a'fer jfi« !rt-rta'e f-tieo* an arnwit f»c *t a»td»*rj'>*)a bv !*v )r*»etesi'i currcf*?
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' -» ffirr-* '¦>* ^''y r>*^fft-c;a(V writ «r*r!:;*.*»i !
^ Cs*V^Ova^). matron.
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. ..... . _ . :*«flr, *C5'*a»
PERMANENT TAX * 20-04-125-024, 025, 026, 027, 028
LOTS 19, 20, 21, 22, AND 23 IN THE SUBDIVISION OF BLOCK 18 IN THE SUPERIOR COURT SUBDIVISION OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 4 TOWNSHIP 38 NORTH RANGE 14 EAST OF TH THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
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