HomeMy WebLinkAbout05-213Resolution No. 05 -213
RESOLUTION
RATIFYING THE EXECUTION OF AN ASSIGNMENT AGREEMENT
FOR A REAL ESTATE CONTRACT
(279 N. Spring Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it
hereby ratifies the execution of an Assignment Agreement for a Real Estate Contract by
Olufemi Folarin for the acquisition of 279 N. Spring Street, Elgin, Illinois, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 13, 2005
Adopted: July 13, 2005
Vote: Yeas: 7 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ASSIGNMENT AGREEMENT
This Assignment Agreement made and entered into this 24th day
of June, 2005, by and between Wade Meyer and Mitch Kofsky
(hereinafter referred to "Assignors ") and the City of Elgin, a
municipal corporation (hereinafter referred to as the "City ").
WHEREAS, Assignors have previously entered into a real estate
contract as buyers for the purchase of the property commonly known
as 279 N. Spring Street, Elgin, Kane County, Illinois, a copy of
such contract which is dated May 17, 2005 being attached hereto as
Exhibit A (such property is hereinafter referred to as the "Subject
Property" and such contract is herein referred to as the "Subject
Contract "); and
WHEREAS, the Assignors and the City have agreed to enter into
this Assignment Agreement whereby the Assignors will assign to the
City all of the Assignors rights, title, interests and obligations
in and to the Subject Contract pursuant to the terms and provisions
of this Assignment Agreement.
NOW, THEREFORE, for and in consideration of the mutual
undertakings as provided herein, other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. The Assignors hereby assign to the City all of the
Assignors rights, title, interests and obligations in and to the
Subject Contract. The City hereby accepts from the Assignors all
of the Assignor's rights, title, interests and obligations in and
to the Subject Contract. Upon the entry into this Assignment
Agreement it is agreed and understood that the Assignors shall have
no further rights, title, interests or obligations in and to the
Subject Contract.
2. That concurrently with the entry into this Assignment
Agreement the City shall pay to the Assignors the total sum of
$17,500.
3. That the Assignors hereby represent and warrant to the
City the following:
(1) That the copy of the Subject Contract attached
to this Assignment Agreement as Exhibit A represents a
full, accurate and complete copy of the Subject Contract,
including, but not limited to, all attorney approval
attachments thereto.
(2) That the Assignors have previously paid an
earnest money deposit in the amount of $1,000 pursuant to
the Subject Contract. The parties hereto agree that upon
entry into this Assignment Agreement, that the assignment
of the Subject Contract from the Assignors to the
Assignee shall include the City having all rights to and
the benefit of such $1,000 earnest money deposit.
(3) That the Assignors are not in default under the
Subject Contract and that they have no knowledge of any
current defaults under the Subject Contract.
(4) That other than the Subject Contract and this
Assignment Agreement the Assignors have not entered into
any other agreements regarding the Subject Property nor
have otherwise encumbered title to the Subject Property.
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4. That concurrently with the entry into this Assignment
Agreement the Assignors shall provide to the City a copy of the
appraisal the Assignors have obtained for the Subject Property.
5. That nothing herein is intended nor shall be construed as
prohibiting the payment of a real estate commission to the
Assignor's selling agent Daniel and Associates as set forth in the
listing agreement for the Subject Property dated , 2005.
6. This Assignment Agreement may be executed and delivered
in any number of counterparts, each of which so executed and
delivered shall be deemed to be an original and all of which shall
constitute one and the same instrument.
IN WITNESS WHEREOF the parties hereto have entered into and
executed this Assignment Agreement on the date first written
above.
CITY OF ELGIN, an Illinois WADE MEYER AND MITCH KOFSKY
municipal corporation
Y A R WADE MEYER
MITCH KOFSKY
P: \Legal Dept \Agreement \Assignment Agreement -279 N Spring.doc
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MULTI -BOARD RESIDENTIAL REAL F,STATE CONTRACT 3.6
1 1, THE_PARTTPS:
Buyer and sailer arc hexrinafrer referred to as the "Pantos"•
2
3 Buytr(s)
4
5 2—T11Y�1MA,_ ''
6 agrees t9 convey
R
9
10
11
I2
13
14
15
ll
22
23
24
Z9
26
27
29
79
30
31
33
3A
35
36
37
3g
P 3
�J a9 ll
41
42
43
1
47
48
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50
51
52
33
54
•nocr
Real l:staw :hall be dedlncd to include the Real Esr24 and all irnmvcrnenrs thareon. Seale:
or to By er's desigewed p r�a1ntee the Real E��e--taurr�w�i h iha gpgrJtrmre lot sip or acreage
— commonly known is.
Address Chy S are 7Jp
County Unit 0 (if appliubW Permaasnt Index Number(S) Of Real Estala
Condo /Conp/Tcwhhome Parking Space included: (check type) _¢eedad space; unlaced common olemcnC
_ utigned; Perking space P (insert nuirtbcr)
3 F TURFS AND P1gRSONAL PROFERTYc All of tit, Fixtures And perponol propertysrated heren ate owhedby
Seller and to Seller's knowledge are in operating condition on the Date Of Amepcance. unleu ocher mse sl «led fiarnin.
Seller agrees to rr,nsfer to Buyer all futures, all hearing. ciectrieal, plumbing and well S IMS W011er with the
I owing items of personal property by Bill of Sale at Closing: (Check or Enumerate ¢pplicable items)
etrl5�ensn• �1/1�Tatked Derma Crtreung _F�eplare 5=msnbirtllnorGllGr °rel e) _ ccmrrl 1;r CorA'lrtonlnt
— Uen/Ranarjsw•c w;ndew'rrslmenw Je titrdrrare _ Fireplaac Gm Lop Eleclrenie er Meem alt ylleer
M�cra�a•e ma in ar AiWeMelakl�laa �Efid;inr Swrna66ett:A5 �fealml MurelSlfiot
_Dich�arMr malt netedtani" Sxuriry SynernGl l+w�ajl v,na 1Santh7
_oWgle oliro;sl Cell; n6 Pae(=i _lnrceom syll — Ovidosoneacr (owtcdt
_C=nfl V:rr ac o ;,Maas Omr4d As,
_Trdeh CnnD• +eia Rruan. SY�li ; ¢xrxd Grs Grill
_ Wxhet ,neaW nit Caneit ioAdr( }l 6tearunlc Con ;c Doar Opentrt*1
_Drrar piun,Cd Vese,u"A `. W"_T�nma,Ppr Nemc Wa+�aiytF yaRbt
_ eniellite DO And 9y}em _ tnv�¢i6�c Kee_* S -tam. celt.il9 anU Box _
Qtha items included;
Itoms NOT included:
Sell warrants to Buyer that ail fittu3li. systems and personal property included in this Contract shall be In operating
Condition it pniscasion. except:
A system or item shall be deemed W ire in oper ing eonditior tE It perform, the function for which it i6 intend*
regardless of ego, and does net constitute a threat la health er�afety. sltall be po follOwsanitia!
4. UR�CHASEP _RIC�:Purch`yrsePriceo(S b (chcctc) Q(caih), or (note due ort� s
earnest money of 5 20�_, The earnest
20r) to be rntseascd to a to cal of 5 by
Monty and the original of this Contras shall head by the [rstina Company, as isaotownt in oust for the mutual
beneft of the Partlo9 The balecce of the Purchase Prim. a, adjusted by proratlons. shall be paid t Cldosing by *Le
transfer of funds, or by certified, cashier's, mortgage lendei s or "'it Company's check (pro
eompanv's check is guararne d by a licensed title insurance ccmpary).
5 b10RTOA CQj`l2TNGENCYI This Contract is contingent upon Buyu obtaining an onLroditan o efarre
mongar c Army ant (except for maners of title 2mrl n,rvey or matters totally within Auti conUO tut of betb h
_ loti% fare Cos xr' (type)loanof ��`�
lesser amou4y*r dots to tak�e,Plus private mortgage insurance (7141), if required. rtes {;stalest rue (ntGa1 tale, if
applicable) shall not Qxccrd G_, °� pet annum amartit9d aver not lass thaw ycejT• Buyer shall pay loan
Mato n g t 'r rs r o loan *mount. Seller shall pay loan crigin0tioh fee
a ur t s u . polnIF �� t e oast oi�fers/points oommiteed to by Buyer shxli bo applied
first. Buyer shall pity t h usual and cuslotn*ry pt of fePS Closing costs charged by lender.
Of FHAfVA, m z to Paragraph R36 for additional provisions.) Buyer Shall make v ;+fin 1� +P7�won witltin i<vc (Si
buairess days after the pate of Acceptance. Failure to do so shall constitute an act of default under this Cantroct If
Buyer, having applied for the loan specified above, is unable to obtain a loan commitment and Serves written notice to
Seller within the time spec'i£ied. this Contract shall be null and void and ea.•ncet money reftl to $fryer upon wnttcn
direction of the parties ro Escrowee. If wrhtan notice is not serYPA Within the time speoGed, Buyer shall be deemed
to have eut,jved this contingency and this Contract shall rkretaln in full fortt4 and efreot. Unless otherw lo' provided
rp
herein, this Contract shill not be eontjngamt upon the sale andlar stating of Enye['q eaiajiO6
condition in the mort¢1ge eormnitMeni, requiring stair andlor closing Of existing Tell '* -s to Shan wnot
^aee d rnl*.
EXHIBIT A
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57 wilt aecapt a purchase money, mortgage upon the same terms, this Contract Shed, remain to fYt11 force and effect
58 In such event, Seller shall notify Boyer within Fan (5) business days after Buyer's notice of Seller% electloo to
59 Qroyide or abtain such financing, and Buyer shall furnish to seller or tender 211 requested information and shell
40 sign all papers necessary to obtain the mortgage commitment and to close dhe loan.
61 6. CLOSII(G- Closing or escrow payout shall be on —1 C 2 , or at such time
62 mutually agreed upon by the Parties in writing, Closing shall lake place at t�e eohf! mpany escrow OMce situated
63 9c09raph`c4y torrent the Real Estate, or as shall be agrrxd ctutually by the Pattleg.
64 7. POSSESSION: Possession shall be t=Mcd to have been delivetad when 34ty has vacated Real Estate and delivered
65 fceys to Reel Estate tc Buyer onto Liating Of6cc Seller shall deliver possession to Buyer u thwtims of Closing.
66 8 RFSIpENTTAL REAL ESTATE AND LEAD BASED PAINT D15CLOSURFB: If applicable, prior to signing
67 this Contract. Buyer [check one] ❑hat (2�= out received a completed Illinois gesidential Rea] Property Disclosure
68 Report; [check onm_ Dhas %� s'not received the EPA Pamphle4"Proaa Your Family From lid in Your Hofie ";
69 [check eaej[�tns tea not received a Lead -Bascd Paint Discieaurt.
70 : PROR TIONSc Protatable stems shall include, without limitatlon, ca s and deposit: (if any) (tom termer, t,'tilltics,
71 water and sewer, and homeowarl or condominium assoctauo gas. Seller ret?men3,zat as of the Daw of Acceptance
72 Homeowner Association Ccndominiur fees are 3_ T per . Sal let agree: to lmy prior to or
73 at Closing any special 815r4smena (governmental of assoc&cn) conf rmed pf or to Dare of Acceptance. The general
74 Real Fatate Mom shall be prorated as of ci e date of Closing based on of the most recem aseerralnable full
75 year = bill. All proratiers shalt be final as of Closing, except as provided in paragraphl7. If ,are amount of the most
76 recent ascenkable tax bill rcrccts a homeowner, se„dor citizen or other exemption, Seller has subnriuce or will submit
77 Iq a timely manner all necessary dodutntentatien to the Assessor's Once, before or afw Closing, to preserve said
78 exemphon(s). Accumulated mscrvcs of aHomeownar /Condominium AmocidGon are not a proratable item.
79 jQ_OLER PROVISION& This Contract is a $a subjCCt to case OPTIONAL PROVISIOKS selected for use and
80 initialed by the Parliea w ate contained on the succeeding ages and following arongmenls. if any:
81 ���a 3t c�tt Q
32 L P O SIO AL I cCTIbHi Buyer may secure at Buyer's expense (unless otherwise provided by
83 governmental requladorts) a horn radon. environmental, Icpct•bmd paint and/or lead -based paint hazards (unless
B4 scpararaly waived)., and/or Wood insect infestation inspection(.,) of said Real Estate by one or more licensed or ceRifcd
85 inspection service(s). Buyet shall serve written notice upon Sailer or Seller's attorney of any deferu disclosed by the
8 tospC tion(s) which are unacceptable to buyer, together with a copy of the pertinrnt paga(s) of the repon(s) within five
8 ti+ricss days (ten (10) calendar days for a lea6o"ed paint and/or lead -based paint, hazard inapcctian) after Ante Of
88 Acceptance. ff written notice is not garyad within the time specifiedt this pro on shall be deemed waived by
89 Parties and this Contract shall remain in full force and effere. IF within i s emusiness days After Date of
90 Accepranee, written agreement cannot be reached by the Partles with respect to resolution' of ltupoetion legne5, then
91 either Party may terminate this ConMl by written notice to the other Party and this Contract shalt be null and Vold
92 and earnest money refunded to Buyer upon written direction of the Parties to Elicrowee. The home inspection shall
93 cover only major components of the Peal Flute, including but not limited to. central heating System(a), Central cooling
94 Vsmm(s), plumbing and well system. elmrical syseon. roof, walls, windows, ceilings, floors, appliances =ltd
93 foundation. A major component shall be deemed to be in operating condillor if it performs he function for which it is
96 intended. regardless of age, and does not constitute a threat to health or safety. Buyer Shall indemnity Seller and hold
97 Seller harmless from and against any loss or damage caused by the acts or negligence of Buyer or any person perfanning
98 any imeccion(s). Buyer agrees minor repairs and routine maintenance i.tams are not a part of this contingency.
99 72, ATTORNEY AEMEW, The respective auerneys for the Paniee may approve, disapprove, or malts modificadom
100 to this Contact, other than stated Purchase Price, within five r5) business days after the Dare of Acceptance.
101 Disapproval or modification of tbis r.,ontraet shall not be based solely upon Stated Purchase Price, Any nonce of
102 disapproval or proposed modificmicn(s) by any Party shall be In writing. if within ten (10) business Gaye after Date of
103 Acceptance wtiac4 agteerneru on proposed modificanun(s) cannot tx reached by the Parties, this Contract shall be
104 null and void and earttrst money refunded to Buyer upon written direction of the Parties to Esaowre, if written
105 notice is not served within the time specified, this provision shall be deemed waived by the Parties and this
M6 Contract shall remain in full forte and effect
107 13, PLAT OF SURVEY: Not less lhan one (1) business day prior to Closln;, except where the subject property is a
106 candaminium (see Paragraph 2Tl Shccr shall. at Sclier's expertrc. furnish to Buyer or his altarney a Plat of Survey dated
109 tint mart than six (6) rit"s prior to cite dam of Closing, preparrcd by an lltlnols ptofftoonal Land surysyor,,abowirng
Buyer fnirial Seller !Wirral T Seller initial
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110 any encroaohrname, moasurotnents of all lot lines, all easements of record, l lldieg set back Ilros of record, fences, all
I I I building; and other improvemeroa on the Read Fstdre and diSlercas therefrom to the neatest two lot )Ines. In addition, the
112 survey to be provided shall he a bauhdary surrey conforming to the current requirements of the Illinoi, Depormcnt of
111 Professional Regularion. The survey shall show all corners staked and Ila)W or otherwise monumenied. The survey
114 shall have the following Statement prominently appearing ear the profealonar land surveyor seal and signature; 'This
115 proWssional service confomts to the currnl Illinois minimum standards for a boundary survey." A Mortgage Inspection,
316 as defined, Is not a boundary survey, and does not sgt!SfL the necessary requirements.
I ! 7 ld._iv01aC1C: All nod= required shall be in writing and shall be served by one Party or his attorney to the other Party
118 or his aftorncy. Notice to Any one of it multiple Person Party shall be sufficient notice to ail. Notice shall be given in the
119 fallowk;g manner
120 (a) By personal delivery of such notice; or
121 (b) By mailing of such notice to the addresses recited heroin by regular mall and by earafied mail, return recclpt
122 requested, Except as otherwise provided herein. notice 4mved by certMed nail shall be effective on the date of
123 mailing; or
124 (c) By sending facsimita it ;nsm;sslan_ Noucc shall be effective of of date and timc of facsimile transmission.
125 provided That the rotict: transmitted shall be soot on business days during business hours (6:04 A.M. to 6:00
126 P.M. Chicago time). In the event fax notice is transmitted during non- burincss hours, the effective date and time
127 of notice is the first hour of the first business day after transmi3sion; or
128 (d) By sending a -rail transmission Notice shall be effective es of date and time of eo-mall transmission, provided
129 that the notice transmitted shall ba sent on business days during business hours (8:00 A.M. to 6:00 P.M. Chicago
Iii) Time), end provided turther that the recipient provides written ackr awledgment to the sender of ceceipt of the
131 transmission (by e-mail, facsimile, or by regular mail) In the event email notice is transmitted during noa�
132 bdsioess hours, the effective date and time of notice Is the fir9r hour of the first business day after transmission.
133 1S. -IN ,M£PD' Seller shall convey or cause to be conveyed to Buycr or Buyer'r designated grantee good and
134 merchantable title to the Raw Estate by recordable general W-Srranty Deed with release of homestead rights, (of the
135 appropriate deed if tide ;e in trust or in an estate). and with real estate tfwfcr stamps to be paid by Salter (unless
136 otherwise designated by local ordinance), Title when eenseyed will be good and merehanyhle, subjecl only to' genetal
137 real estate taxq not due and Payable at the time of Closing, covenants, rofU1430 a, and resvictlons of roenrd, building
138 lines and easements, if any, so long as they do not interfere with the current use and enjoyment 7f the Real Estate
139 0, TITj E: At Seller's expense, Seller Will deliver or cause to be delivered to Buyer or Buyer's attorney within
140 customary time limitatiorts and sufficiently in edvance Of Closing, as evidence of ride in Heller or Grantor, a GUe
141 commitment for an ALTA title insurance policy in the amount of the Purehsse Prier with extended coverage by a title
142 cotnpony licensed to operate in the State of Illinois, issuad on or subsequent to the Date of Accepbmec of this Contract.
143 subject only to items listed to Paragraph 15.7he requitement of providing axmnded coverage shall riot apply if the Real
144 Estate is viant land. The eornmrtmpni: for rile insurance fumishod by Seller will be conetuslve evidence of good and
145 mer>=hannble title as :herein shown, svbjaet only to the itamptions'eheretn sued. If the tide r_8mmiitment d3xclesm
146 unperr.-Arod excaptivns, or If the Plat of Survey shows arty sec vachmenrs which are not acceptable to Bayer, then Seller
147 shall have said exceptions or ercmachlneats removed, or have the title insurer commit to insure against loss or damage
1413 that may ba caused by such dxceptions or encroachmm:s. ff Seller fails to have unpermlned exceptions waived or title
149 insured over prior to Closing, Bayer may elect to talta the title as it then is. with the right to deduct from the purchase
150 Price prior encumbrances of a dermire or aswiainable amount Seller shall furnish Buyer at Closing an Affidavit of
151 Tldc covering the data of Claeine, and shall sign any od cr customary forms required for issuance of an ALTA Insurancr
152 Policy,
153 Z. Mel, EaA-1E .911 T,AESCROW: In the event t,1e Real Estate is improved, but has not been
154 prtviously taxed for the entire year as currently improved, the surf of Three (3) per:ertt of the Purchase Price shall be
155 deposited in escrow with the title company with the cast of The escrow to he divided equally by Buyer and Seller and
156 paid at Closing. When the exact amount of the taxes prorated under this Contract can be ascertained, the taxes shaft be
157 prorated by the Mitt's atromcy at the request of eid:cr party, and the Seller's shire of;uch tax liability Af1Ar tt:prOMtion
118 shall be paid to the Buyer from the escrow funds and the balance, if arty, sltail be paid to the Seller. If the Seller's
159 obligation after such reproration exceeds the arroanr at the escrow fund,, Seller 39=5 to pay such excess promptly
160 upon demand,
161 19. PERFOLMAAf — Time is of the essence of this Contract. In the event of default by Sellcr or Buyer, dle Parties
162 arc free w pursue any legal remedies at law or in equity. The pravall!ng Pany it,, lidliationnshha'll be entitled to aollcct
EBuyer tniria! Buyer lrtirial SeIIEr jnitlal Seller InUiel
Addvcss�_'!y
Pale 3 of e
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163 masdtrahle atrotney fete and mete from the losing Party st ordered by a court of aarp,peranr jurisdfcdon. Thera shall be
164 no dishurg -=m of a cat monry unless Fscrowee has been providod sniaen agreement from Sailer and Buyer. Absera
165 ands with tth ccck o the disbars ahenc of eamast money within a rensonabie period of tint. FJ=Wtc may deposit
166':funds with Ne'Cleck of he CJrouit Court by the filing of an aetien in the nature of IAterpinder. Fsafhvee shall be
117 roimbumd from the earnest money for all costs, including reasonable anomry fees, related to the filing of the
168 nicrpleader action Seller and Buyer shall indemnify and hold Escrowee, harn4am from any, and am rca5cc g claims
ipa
169 and demands arbing ondet this paraptL
170 19. 0 I k K A ATE PRIOR TO Q: Ir prior to delivery of the deed, rba Real S^aato shall be
171 destroyed or materially dannaged by rite or other casualty, or the Rce Estate is ctican by condemradep, thca Buyer shall
M have the option of burrunsting this Ceattatt and receiving a teNnd of earnest money or of wr -apdeg the Real Estate as
173 damaged or detttrMytd. topther with the proceeds of any imurance payable as a rains of rise damrevon or damage.
1i4 wh� pis &!let agrees to assign to Buyer. Seller stall not be obligate( to repair or replace damaged
17S imptwoments• The provisions of Elie Uniform vendor and Purha_rer Risk AU of the State cf Dlinofs shall be applicable
176
MM ontract ezcept as Rhod tied in Nis paragraph. . 177 ? EI# REPRESENTATIONS Seller rcprsicn a that he has not tree vet written notice from ally DoveMINTItal
178 liomcowtsu Assaiation of (z) Zan rag, Dupd rag, fur or health code dolor ors chat have o0t bean cotroeted; (b)
179 ing rezoging or (c) a ptnpoted areonfumxl epee a! asscssmertt and rot special sery ee eret affecting the Real
130 cale fvRtret Rp d era that Seller has no knowledge oP boundary sine ditpuhee, eucraents or claims of easement
181 n by the prbl a words. say hazardous waste on the Real aerate or any mptoven ens for wturA the req.jkvd
182 were not obtained, Seder rep errn5 Nat there have been no improvement¢ to rh¢ heal Fsrare which aze not
183 in Ivli in ate de rtn nsc on of the roost deer t real dente taz aseasmenc or w�ch etc eligible For home
184 improvement tax ezrmption.
185 CDADiT OF RKA-UM1.1 AZkINS—PECTIO I': Seiler agrear to laave the Real Estate in broom ClejA
186 eondit on. All efusc and lxxsonal property char is not to be conveyed to Buyer shah be removed from the goal Hsute at
187 Seticr's catpense cefore possnssion. Buyer shajl Save the hghe to inspect the Awl Estate, 7zturer ofd persona! property
188 Prior to possession ro verify that the Real Esrarc, impttav" mts and included personal property am In substantially Ox
189 carne condition as of the Data of Acceptance of this Contract normal waar and Lear etaepted.
190 22. GOW$R1h7tiiEtVTAL COD2Pf.IANCE Parties agree to comply with the reporting reguirtrnew of the opplicabt
191 =tons of tax Internal F 4vepue Code end the Re�l 6st2 a Setdemcrt procedures Act of 1974, AS irmnded.
192 23. ESC C G: At the eletction of either Party, not Idea than rive (5) business days prior to rho Closing, this
193 bale shell bat Closed through an escrow wit the letding insdutdon or the title company in seeordaecc with the proAttiow
19A of Ze usual form of Deed and Money Escrow Agreement as epeed 4pon between the Patin_ with provisions Imetred
195 in the Escrow AAroement as may be required to conform with this Contract. The cost of the escrow shell be paid by the
196 Party requt4ting tho escrow.
197 ILFLOODINSUMANU ; Buyct atoll obain flood insurance if requirsd by Buyer's terrier
198 25, FACSIKMF: Faeaimile signatures shall tat sufficient far purposes of ertecutirg, negotiating. and flnalitjng this
199 Cohtracr.
200 26. $(MNESS DAYS: Busirz;z days are defined is Monday through Friday, excluding Federal bolidayt.
201 27. CONDOMS � (ff applicable) 17re Patties agree that the leans contained in thin paragsayh, which may be
202 contrary to other tarns or this Contract, shall supersede any conflicting terms,
203 (a) Title when conveyed shall be good and merchantWe. subject to terms, provisions, covenants and conditions of
204 the Declaration of Condomin um and all amendments. public and utility easttmenta imiuding any easements
205 established by or implied from rim Dcdaradon of Condominium or amendmmata thetcw: Parry wall rights and
206 agreements; limitations and condititms imposed by the Condominium Pmpetry Act; installments due after the
207 dare of Ciaab+g of genetl usozrnmu sstabfched pursuant to the Declaration of Condominium
208 (b) Stller shall be responsible for ill regular assessments due end levied prior to Closinj and for all special
209 assesametns conftrrned prior to the Date of Acceptance,
210 (c) Buyer has, within five (5) business days from the Dais of Acceolanee of this Contract the.right to demand from
211 Seller items as stipulated by the: Piinois Condominium Property Act :be Contract is subject ro rite condition
217 that SeIL ^r be able to procure and provide to Buyer. a release or weaver of say option of first refnaal or other pre-
213 empdve rights of purabam Created by rte Derlaratim,, of Cordomnium within the time established by the
214 Declaration. In the event the Condominium Association rcquircs personal appeuattce of Buyer and/or additional
215 document2tion, Boyer sgreu to comply wirb same.
Initial lluyerrni" Seller lnfrfai Seller lnitiel
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216 (d) in the event the documents and Inkrmatlon provided by the Seller to the Buyer disclose that :ftc 'etisting
117 ,mprovamdus arc In vlolat;tm of acisting ruler rgulations or other res(ricdona or that the iernv and conditions
238 ccntained within the dorcrrtents would unreasanabl tttsttic!
219 financial Considerationt which y Buyer's onn use of the pea Con n or would increase the
224 Buyer would have to extend in eller it, with the owning of the condominium,
then Buyer may declare this Contact null and void by giving 9el)at wit, notict wlrhip five (5) businrds �,yd
221 after the receipt of the documents and infotmation required by Parogtnph 27 (c), listing theca deficiencies which
27.2
723 are unacceptable [o Buye:. arrd Lhersupon all earnest money dcposiud by Buyer shall be returned w Buyer upon
bwilitten duecdon of Parias to acrowcc.lf weltttn notice is not served plthin the sumo speeifled, Boyer shall
224 be dilk'"ed ro have waived this contingency, and this Contract shall remain ill tvD force end etlect
273 (e) Seller shall not be obligated to provide a condominium survey.
226 (f) Sell" liholl Prcvlde a certificate of insurance shoving Buyer (and Buytr's martga eo) as insured.
427 C DICE OF LAW /GOOA I :Ali arms and provisions of this Convect including, but not ilmied to, the
228 AGOmey Review and Profatsional Inspection paragraphs, shall be govcnidd by the laws of the Stale of Illinois and are
229 subject to the covenant of good faith and tae dealing implied in aA 11,Inais conUrca.
2M
231 THE FOLLOWING OPTiONAL PROVISIONS AMY OriT V If INITIALED BY ALL PART70
232
233 ,�� ] ?E�ALe.ct£atn�R s ne.t rCTATS.
234 (irdtius)
235 (A) ZRI?SENTAI]Oh°$ ABOUT IIf) MR'S RF. n. LLST4TEBu�errtprtcsnntnselbrufoltcw .a
236 (1) Buyardvrs rnnteemmcnly�o ra(addm);
Z� (2) Buyer, [cited o I ❑has ❑tsu not enmroi inrJ a ten?tact to all Fri ?gal atuua. If soya lvs eyaod into a contras m toll
239 his nil gtar
239 (a1 Buye's ua :pct Ecsree%onai: ❑is Hoot subJstroamm�gago mntingPrFy
240 tb) Boyar's aalC haulchackoat): ❑ts�eratN6jcet toamal esters tale erAWnearyey,
241 (c) Bvyn'i:ak eon lcbetkonel: ❑Iv0s nut sotjeet In t tanr a:ort cwne conungoncy.
243 (1) euyw [chCek mte)lOheC L] not fivm ho teal csta'n for sole w;th a Been ml wore ftw and in a bed truldpla
listing fervict
244 (d) If Boyes's Ml ease is net I' for sole with a linnred retj a.lwe btckar and in a loaf rnualpk Ilttlns srr•im,
243 euyerrcbeckonel
246 (a) ❑ Sltall liu his real t for tok wide a limtrcd and estnie b*er nbe will plrz it in I local multiple
247 If:dot 3zi- ;u widsln Gvc to bu m days aPer ebo Date of A=Ptww of ?his Csatmu.
248 For Io a mArlon only; A(rtter.
249 Biol:er'A Addrrn Pf ate
250 (bf 0 I)=. not intend m psi his nal au,,la sale,
251 (s) 9uyer outho tses Scller or his apri ro tify m tip{: "tainad in 7arcp9ph 29 At say lima, and Buycr agr= to
252 Mo%ent A in pmvid'mBrcicvem rrrormvlon.
253 ,$j COMNOF7.vt3ES BASED LMN SALE AND.)t CLOM% Vir 'YEA'S RML ESTATE-
254 f l) This Cennact ;p P,aniagtnr tom Buyer having s oarwxd f sale d Buyot's real eoat in Wt rercs snd enit4 as of
255 20_. Such coned shall provide f Closing dal: nor Isr r dam px Cbca+g dale set forth in
256 this Co,VAet If vsiatn nvdcc of failurt to proevre each Coat is not sarvod wlibin the time specli'kd, buYtr shall
297 tie deemed so hire waived this whnogeney and this Catdrart ih amain in full force and effeet. (If thk paragraph
253 is rued. ihen the (onewing paragraph mruibe damptetod.I
259 (1) in dv! event Olt euya ba 7tezoa a conned[ for arc sale df Buyer's real ar as set fond In Puaasaph 29 (A) (t) and ON
260 am" a is in fill fze-e and eiF'dct or hn; catered into A cwtrpet for sale o uyerc mci esum prior m do "Icutioo of this
261 ConSUt th;s Contrmr, it contingent upon Buyer Cldnne the salt of Boyer; nit eaters on or before
262 20_� if wrtteen notice is nap smved wl A the Coat !""Bled. Buyer chap bt
263 deemed to hour w*.vd all contistetdsics contained ;d 0411 Paragr■yh 10, and 's ConlrACt start remain to full fora
264 atldelfer).
765 (3) it flit :Omar: ter the tale d Buyer s seal scam is tmnlrtaled for any mason stud Ck sot Farb in Paragraph 29 tB) (1)
266 for aher the dare or Ibis Conn. et if w dou it set rtmb N pmsgnph 2i' 03) (i)), Buyar a ridliyi duce (1) busmesa days
267 of such wrminaw, Aodp,, seller or said wm;nadon, Urkss Beyer, Aa IAN or gad eau viva all mne'rnvocks in
268 Paragraph 29 And Cornplia with Paraeraph 29 (D). this Cmrnm shall bc non Ind void a, of the of notice smt earnest
269 money rANnded rn Buyer upon written direction of Up Parties to £acronoea If written no as required by this
270 subpafegrAph is not servtd.;tb;n the drrat speellied, Bvysu rholl be in daftult ender tht leres/ drmi Cod"CL
271 (C)-ek7LWWS MOM TO COIC M; VC TO OFFER RF8 1, MATC POR S,UZ Duriry( de time ofdd11 w e,,Iency fw:)er
272 hat dre njsM m eootinue ro shoo) the Real Brute and offs it Far sale svhjm! k rhs Idlowiny
Bayer Initial � $liyer initial seller Initial_ Seiler initial
Address_ '2,'14 L ) AJh
Pate 3 of e
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373 (1) If SNIs • nnorher bona ride offer to purchase the Real Eerata during :Wit pier♦, Seller aball no* Buyer in wtsdng
274 of wire Buys dxn have hevra aft Sells i,'vn such oasice a -Div= the cond's odic met forth in
275 Hangapb 29 (B1. sub t b Paragraph 29 (D}
2.76 (3) IfBuyrtonung&'.wlth ptovobsscdpamlpaph29 ID) tltrnttAC01111=.s ALMJnaie9ttitT III= and a ba
277 (3) 1f Uri vsnUngendes }.et in Ptua9110 29 A are NOT walvcd in wri�irg within mid time period by Buyer, chit
278 Conttan alias( be nbll a void and corneas money ref+mded m Buyer upon wriltan el t dill of the patt{a b
279 8avowm
280 A WAIVU OF PARAGRAPH 29 GENCM. Buyer BtaO ee dimmed b 11146 wa1'd rho carKingenafes H Prugnph
281 29 (B) when Bvy-r hart daihea:! vrtir>en 'vtr and depotittd with the Fmo+" Me addtianal stltTt of e
282 ,nnidu Mandy widaln the time specifed it flu falls to deposit the gddltlonal enrnnt tnotlq Within Ula time dptdifiad rho
283 waiver sJs,U be dev+nad intfieetive and this C et ehdl he null and said and tl[1fr5t Monty rdhnritd b Buyer upon
2Fa written direeti4n oftoc Partles to ES[rori"w.
Z35 R7 NOIIC$ (FOR 2TiL5 COM4YGESVCY ONL'a): rapt u d"anuto pmrdad above adz tc�u3m) under hlc Parapyaph
286 29 ahal be in wrltng and shag he served an the psry, Cou copies of Mta should be xnt b he respective aaameys and rd!
287 eeJate ap =rats, if known. Fsi7wc aY pre" -idr rah umrvsy ,shall nor rtnder notice invylid. Nate, la m1y ooe of a multiple
289 parson Parry nw be tul'kicet notlrc ra al. Notice shot) be gfvm a the in the fol lCa iRg manna♦:
239 (1) ey personal dcllvery of Zeh notitt effective u de: aim: acrd dare tram[ dell
very; a
290 (2) By mating Of weh M601! ro the addnmt mcitied hemin try it )147 mail and ty e- rut'i!d nul, fd,y ✓c scroed by reou
291 mail and omdled rnml shC Or eI O e of 10:00 A:vt an nc� moaticg of the smyrA Qay fallowing tkpasit of raaHde s Vre
292 U.S. Mail: or
293 (3) By Facoim;la b a Fag (sere= shell be effaUve u the rive and dtte ding patsy nrtim a wtipw copy of @e
294 vatic Fmm L'sctecrivsrtg parry).
295
296 [f [} LELLATT REAL FCr4�FeCT: t- M even eltha parry has entered Into o prior
297 tail contact dris Coaona ;ball be subjeo b written rancriluion of tht prior eone;d an ar !riot,
298 20_ In X evem h prior ranimci is nor eaeeeli� within t)Y time egalitd. this Contract shall be nun send .old and tarne9t
294 money reAtn to buyer upon - curia dlreclion of the PJrc ;,ci to Exrm.et'. Notion: to the purchaser under the prior cuair set
300 should not be uncl xOpr Altorner Rrview and lh sfemioaal Jnspecllons proruioaa at the centraci hxve expired, been
301 aatkrAed or uerurs
302
3
303 G Q Cl ,�S,�f[, Earmoc money (vlth a eompleteil V49 and od,er requier3 formal. shat be
304 hug in t fudmtoy answcd inlet Crying nrsourtt x a furarxial insdtudah detiir'ertd by Exmw= All 01cmu camrA on the
365 cameat noisy shall accrue to 711= be of and he qid to Royer. Tht Bey" shall be rimpanailak for any adeslniprat(vn ft, (cwt
306 to netted Sri charged for eetGnQ u 1)"1111tt account In anticipation of C)a'ing, rise Partin dlreer E;!T w m dose the nezou7t to
307 soopnUrm ben (In) btl0httt days prior to the ant red CmAgdah.
308
309 ❑ ❑ ❑ 2 - : ♦a the evert pn+etsian iA nor to be ut;Numd at elosin4, ft AtrSrs nhali enter
310 vim 3 poet CJasing poaaatien apscmm, tkt shall prow among other thegr, that pes.aiion whir be deii mmil m firer than IIS9
3l I p1,4, on 20^„ pravkd sale eras been Seller agues in pay x Clos;P& tho sum of S per dry
312 cr Buyer krr upe and =uPQncy From and inelading the dr after Claing to and innlo6ng rite passion date rXiciAad above,
313 mgacdlaa of whtu}er pxuuion is deli +e ed "ior m tllc 9oaca die In the event pnwsgjbn k nom deilve btl u Gating. Seller
314. shell depmr in r�scrow m Clotting ,with %Uc Company. Listing Corn or other cerou2t 34 aid to by ere Punic and acaawre
315 by seporuc check the sum of ore percent (1s6) of th hrmhnic a to S=minrce thud persds:itm of rho -Raul Frox shat h-
316 delvved to Buyer an or before she 6Oe lad &A, aptri(, in this Con . IF pdvneson m ate ddivened, pre escrow ftmd shall be
317 * to Sc7kz if p=20on is not m dV-0-4 de iSigRSed esevwm 914 pay Buyer from see r<caw RT& et: sum of Ord W 0 /5111)
313 of the dcM4 feu exh day posvmsdan is wfthWd from 6u,+er after soon dire and tine, and ebal) p4y the .balerAx of rhn
319 ese�w fund. 1f any, m Saner, [n the rent Ulu pae•.ntcien no dtlit'trd m within fin`, (91 alendyr days Mir the dine
320 spa{ftel hncin. whirr du l eonunm an bs r,:* to 3uyer jar a son of money eaesn to (1150 of it posomiar ,avow ,noon ape dw
321 heroin for cuh dry pae6es9iot is to withheld from Buyer, widWA p7ejudke to any a r rights or remedies aysiMlc to Buyar. If
322 wipJn ten (to) busiruza dnyF after CJa4 of Atccotance wrincrt tLtr'emtnt on a past CIO, poaq=W. agremtsalt cannot be taacled
323 by the parties, this Conlead shall be null ape tad and earnest money refunded m Bttyc port written mrection of me Parties
324 to T=Mwm If -ritum noike is not served within the time specified, this pro-Wan shin be deemed waived b9 )he portlea
325 %vd this CootraetshCllsvmola to fall force and effect
326
327 ❑ [] ❑ ❑ 33• WE[ k RetarrhRY„ r �: Sager thdt datairs m trs esperz A III wamr
326 tent (Including nitrates rash and/or a smidtWwy rg)ort from :ne .IgFlicibic govemmrnral aolhan quailfied inspection
329 serves each doted not crate than Onq, (9(y days prior !c dosing, .ua;rig that the well and thr wirer svpp therc'rom and the
330 mptiuwliruT ;y,mm air in compliance with apphrahle health MSUIMLe W. ;tiller shall &diver a copy of the ten to Buyer not less
331 Uwe fourtevr (t4) day= pttvr w Gael". If ekher itygcm is round no to be in empUance w4 upplienblc health utiona. and in
_ +,.gUy¢r Jnhiel ''� Rhryer InJliaL Seller JnIIC01 _ e Seller Jnidol
Address '�.l FTItt-AC,
PoRs6nf d
JUN -25 -2005 02:51
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CENTURY 21 GOLDEN
63023iee9e
VJVy�a2J7a
DANIEL AND ASSOC R E
DANIEL AND ASSOC R E
PAGE 88
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332 lia event that within flvc fm bus!ttcss days arose rosept of such rcpor.(�, vrina 45rufram C react be rwcMd by the PIrl fits with
333 mspcci m the resolutian or ..ell arldryr 6eptir4sarijmry !9St =. then either party Dqy terminste this Contract by written nttrl�a to dte
334 ether Pony 2110 this Contract shall be no" and void and eamast money toned to Buyer upon written direction or the
335 Fortes to Exrowee
336�tn r�c�
;3r ^t^'TT�- J [ b TAt port", eonftm OIL have previously eornented Ip
38 Il.kerme) xtinA as it Dual A.gant in pmvkw btoYerAgs scr-;eft
339 on their behalfand sPac)fically content ro Lir_ryt Ming r, s Dual Art with rtRud to the u:ansncarrt mkRed to in Nis ContreL
340
341 : Thos Contract is for ate safe and Purchase or the Feel Este and Pommel preperty in Iv
342 "Ac i„" c.wdhion as of the Date our Offer, Buyer acknowla'pes that no rcpretenatiew warntntla or eaarAnroes .with respft to the
343 condition of tone Row 6suue and personal property have be
cmde by Seiler ac Seller's Agent o9vt dlen those know: defer¢ if
344 Arty. dhelarA by 3ollcr. Buyer rroy C?ndvat m h1pethan ae Buye's teprnsc, In that event Scllef shall rroita the property available
345 to Bi;76�4 jrapeclnr at tRh nnmr Omra, Buyer shall indemnify $filer and hold 3oner harmlm From end agtinn pry 1= or 4M M92
346 aumd by Oro 4M or negfgs:nce of Buyer v any person perroming any itttpcctiort(sd. In Ott cycm Out inepecom mvmala that tnc
347 condition or the hnpavemeftL% iuturts or pecwnrl property to be ronveyed or oartsr&mtd S" unuccopUble to Bu)-et and ,buyer so
348 nofifty 3Nku w;tiiln five l57 Mtsmess days after die ktrc of Acrcpunce, this Contract shall be null and void ,end emmeof rummy
349 shay bo refunded to Buyer upon the written direct on of the Partits to Rmrowea Failure of Boyer W mtily Solar or to conduct
350 slid irwpcclro opecalta ae a vnlvar of Buyer's right to nominate thk Contract under dim paragraph And th;s Carrot SNII remain of
351 full lance Ord eftfxt. Doer acknm- ,ladgm the povisons of %rzgrgh it and the wurxty pmvWcrs our P2mgtaph 3 do not apply to
352 chi, Con 1pct
353 Imo. � -
354 l .Lt u � - tot OA FiN N 1J,: If Buyu u %orlon; VA or FHA Acincing. 6ii provision ehall to upplipbk: Boyer
355 may term;nate this C rrlwc if the Parchase Prke W ronh hereon exceed- the .appoW value or Ore Rost Emit. as drunw,tcd by
356 the vsbE, ! A4rnirdstrA6cr (vA) or the F%de21 Hovdng Administration MHAJ Her+evar, Buys hall have dte option of
357 proceeding widl thlo Contract without regard to d+. omount of the appraised valuation. if VA, the Funding Fa, our if FHA, Ike
359 miaj%dq: Iiasaterot Premium (m shah be p k by Buyer and (check one) M almll Q tluut rot be added In Ote maws: loon
359 8mounl. SeW agrees to pay addit or4 rnisWla uus expmms requ!red by teMe, as to euna.:XIO.0D.
360 Rzqui"d FHA or VA semrndmento dull be mltached to this Contract
361 D is aptesdy Agreed dtac nawithsanding any other provisions of thu Gortru. the Buyer shall rot be obligated to eomplem Ox
362 puretwne of fire penpc deanbsd herein w to down my pwatq by forfeirum of eamett manly depeeita or otherwise untzm the
363 Buys bee been given, in accotdve, with HUIyIFHA mcloimmenz. a writnn mtement by the Fukm1 Ncoon -mg Corruisaloaa
364 eaecno Forth the apprised value of the prtspeny (occluding Losing ccduo of nee kv coon S
365 Buyer Fhall twva the privilege and opQcn or prcocanll wllh the mmum-nmaon of the Cmoaat witboot regard to fix unouot ac the
366 aopra;scd veluaitm, The apprised valvation k trrived of to diwnim the rmtJtrom mortgage the peptetsnunt of Housing end
367 Urban Deveiapracm vi1l rmrtigturamee_ h7.M and ate atongape do not warrant the value not the corAton of tht property,
368 Buyrx lhauldralisfy himseh7hcrsc!f that the PAoe old cardigan e*m propnrry sere ecapubic
369
3?Dfj7rj:T= j [ Fr1YANC0ifS This Conlrael if mmingtnt upon Buyer obtaining a wl zee comet;utVat for inicdm
371 finarr_ing on or before , 20_ In fife vnoutu of S . If buyer It cnsbk to w-%trd the
372 lesexim fuoncing comm;tmrnt and gi"& wdncn noflea to Seller %Lithln the tune sprei5ed, tbi! Contract Shalt be null and TOK and
373 "mat money refunded to Buyer upon written direction of the Pantes to Emrowee. If erratum notice Is not satvrd Mthin 4a
374 time lDecifltd, lhia provision shall tnt 4wmed witivtd full farce and effect.
375
375 Buyer's and 34cr's abilp6crtk are eonLMAMI upon IX Parties rnrn+ng
377 into a repnrate w*tun amvrtnmr cotuiaenl with the terms sad eon jilarA scl forth 6ae;n. and will such additional inns A< either
379 Panty may dorm neecaary, providing for one orniom oflhcfa(1cvring: (check oppf ;cohle SWZ(rsj)
379 ❑ ASSVY"ON OF SELLER'S MORTGAGE
330 DART 11= 8OFkWREWE KTMRDEMORPUkOWE MONEY MORTGAGE
381 ❑vACAnLANT)
3A2 NnV CON=UCITDN
363
334 L. Thla Conracl is conlingent upon the apprml of the Real &U10 by
385 buyers God Pam,
386 within flvc 6) calendar drys atkr the Date our A--- efxartce, In the event Bvyer�s apo q&A FaRY does nor apF*Vt of the Real czmm
387 and wdtten native is given to 5atler with'n fine firm spec ld, this Contract she11'be null and void an4 eatntdt manly refunded
388 0 Buyer upon "alter,+: direction of the Parries to Fscrovee. 11 Wtittito nonce is Dot served wilh;n the lime epeelfut, this
3(,49 Provislan shall be droned waived by the Pxn tvxm Std thh Ceniracl shall mmmin he rail force and 1.00CL
Buyer 1,Lw41 L $vycr Initial St!!er Initial __ $e!!fr Inftidl
pagelor I
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DANILL AND ASSOC R, E PAGE 09
390 THIS DOCUMENT WILL BECObM A LEGALLY BINDING. CONTRACT WMN BIfiM BY ALL
391 PARTEEs AND DE dVERED
392- Thc Panles represent tftat text of dtia foal has not been altered end is identical to the emcw Mutd -Board Residgritw
393 XIW Haiato Cenb=c 3.0.
394
395 Date of 060 AA O AFEEbINCE
396 CC e�CG' P. n, A .
3 B Buy u�= Seltcr3l0tseac ,�
399 ehet SiD sane setle s gee,Q
401 PtJ9t Buyta(s) Nantes) Pdntscl Name(o)
402 tJtl.yEt e', �'oy P,o R.
403 Address
404 Addmtt�s` �ilnlDc� "ltVc
405 city Star LP City Satc ZIP
406 ELGrJ yr_ 6Qiz�
407 p1meNumbet(e) Final PheneNambees) rmla
408 FOR MFUM42701V ONLY
409 QEA� S!�rAAE_ Z5422,
Z QJ
410 SaIng Office L M— M15 M
411 Mil } g y a /
412 selling Agdu ML; 0 EotBt (� L. Wi Ageat MLZ 11 paid
413 (io11 JA;!( tG/h TC_y!U 9tr [1j9('J�tcsYc� b Y C r a 1/
414 gddteec City ST Zi cky Z.
415 G7�YGi7 --�- r) 15Ti � 1v�1 � �� � 4
416 Phone Vo. _ t'{nt Na. P,fo � 1%. Na
417 Ecj I�idF L Gt"rA�1
418 Euyprlr Anbrney 6tsu1 SeperIa Attorney Etrr;1
419 �S�rRra F
421 - 22 % _s ^ g 2Z area
422 PtgmcNc. Fu;40 PhareNo. N 7
423 /LT e� t•�-� �TI�,S��O�
424 MorippCompiny PezNa Lam Officer photeNo.
425
426 *?On Illinois Real Etmft lawyers Associadon. All right+ reserved. Unauthocizod dupllcadon or elu iidon of this
477 form or any portion thereof is prehibited.
426 Ofilcial forts available gt a wv .teallau+.or3 (web sits of IllincI& A l Eswe Lawycma Assaia6od).
429 Appm4d by ibe following organfuoGona January, 2003.
430 Mnoii Real F&mte L.as yea ricssoaiaSon. Belvidere Board of REALTORSm, Boone County Bar Asiociation, Q cago
431 As3oeiadcro of REALTORS'e. Do. Page County Bar A3tocladon, Kant Cowry Eat Amoeiadon. take Cc'jDty Bat
432 Assoeietion, McHenry County Asaoeiadon of REALTORSO, North Shore - Barrington Assoraaden of REALTOW.
433 Northwest Association or REALTORS®, Northwest Suburban Bat Asaoelation, Oak Path Board of R(=ALTORV.
434 RE kLTORA Association of the Pcx valley, REALTOR5 Assoctation of WasrrSouth Suburban Cbleagoland, West
435 To-ti; Board of REALTORS'
436 /�.�� -� 4 p�
437 This offer was presented to Seller by r r ' I — - `�� �' n jZ�O� 19
435 (AgC7'tj (datc)
439 This offer is rejected �^-
440 (Seller wa;9s) (Sauer itutialsl (date)
fnfdal Seller initial "_ Seller /nida!
Page a 0 A
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Illinois Association of REALTORS®
RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
91 oil
NOTICE THE PURPOSE OF THIS REPORT iS TO PROVIDE PROSPECTIVE BUYERS WITH
INFORMATION ABOUT MATERIAL_ DUCTS IN THE WzIDENTIAL REAL PROPERTY THIS REPORT DOES
NOT UMllT THE PARTIES RIGHT TO CONTRACT FOR THE SALE of RESIDENTIAL REAL PROPERTY IN 'AS IS'
CONDITION. UNDER C014MON LAW REI I RE WHO DISCLOSE MATERIAL AEFEM MAY BE UNDER A
CONTINUING OL+LfGATION TO ADVISE THE PROSPECTIVE BUYERS A60UT THE CONDITION OF THE
RESIDENTIAL REAL PROPERTY EVEN AFTER THE REPORT IS DEUV¢ZED TO TIME PROSPECTIVE BUYER.
COMPLETION OF THIS REPORT BY SELLER CREATES LEGAL OBLIGATIONS ON SELLER, THEREFORE
SELLER MAY wsHTo cONSULT AN ATTORNEY PRIOR TO COMPLr11oN OF THIS REPORT.
Propet
Cfty, Su
Sellers
This report is a disclosure of carbin conffocros ar the residential real property i+sted abova In compliance with
the Residedel Real Property OisoloSwe Ad Tnis Infonnaton is provided as of_, 1g,—, and does not
rolled any changes made or D=XTIng after that data or otcor rhalion Ihrt hecornes blown to the seller after that date.
The dlsdosures herein shall not b? deemed warranties of any Idnd try agar or any person rapreserrdng any party
in ft, lrannacSon.
in this fvnr, am aware' mama to have actual notice or *clue] knowiedga without any speoYic i vrzstJga6on or
inWiry. In this form a'mateiial defacC mheam a mndltion that would have a aQbs'andal adverse effect on the value of
the residential real property w that would signifioanAy impair the health or sefdy of hftre occupants of The residential
raai property Unless $1e seller reasonably believes that the mndNon has been corrected.
The seller discloses the following Information with the kwwledge that even though the alatemertg herein are
not deemed to be warrandas, vvepecilve buyers may choose to rely on this information In deriding whether or nut
and on what farms to pur0ase the residential teal property.
The seller represents that to the best of Ills or her actual knowledge, 'he fallowing statements have been
aoatral* nuied as "yes', (sortad), "ne (irlcorract) or 'V applicable" to the property being sold, If the seller indlcates:
that the rasponso to ern, statamertu except number 1, is yes or net appllt2ba,1h2 Pallor &hall provide an mg)b tton,
inihe additional iRAmlaten area of this roan.
1,
C Q
Seller has occupied the prrpeny wib)in the last 12 morrths. (No er#genation 's needed.)
2.
❑
0
1 zm ware of flooding or securing geehage Ixobians In the onevdspeee Or heacment
3.
❑
❑
I em *wars Ctattle prnpariy h loor.>E2d N a food glair or that I cmx+ty have ]food hazard inauranm on
4.
S.
[]
�,/
❑
the pnhpery.
14th awnro of matsrm! defects in tha buarnard crbunftun (ndudinp sacks and bulges).
1 ern aware leaks orr ubrrlal deff In the roof, caiftnga ddmney.
O
of or
6,
[]
l d ❑
1 sm eyare of mwta sl dabab In floe wags or low.
T_
❑
[7`p
1 am mvere of material defects in the ale:Mcel sore.
3.
[]
[ U
ham rmeara of motetiel defects in the phmlbina cymm (Includes such Cringe an wz:er haarar, mrmp pump,
water trash lent s/stam, aDdnOr s)*Rt and simliv pool).
9.
E3
1 ❑
1 an aware of matadai dstact In the well or well ehdroment
10•
❑
14 ❑
I em *ware of insafe coruRlIons In Ire ddrldng wad
11.
❑
I am aware of material d9f9dsin ft heatlnp, airtrmdlfioning, or veWalrng systems
121
l ❑
f am ewau ct material d0eds in the firepbee, ornnodbum'uhg sbve-
I am 004M of material defects in the septa, Sariby sonar, or ol+er disposal symtem
i4.
t nd
1 an aware of a>s7afe Wr a6hns of radon. on Ira p wrases.
15.
❑
CJJ"' L�J
1 am ardm d wmk cx=tutpne of ortr . Fe wndil!iD s, te�*V w otbedw m Cwt premisoe.
16.
❑
❑
1 am aware of imala concentador s of or unsafe vndlfions *ttlhhg to Nod win-, load wraber pipes, lead
17.
U
_/
t � O
PI MOGt�orADWinIreSMonShepem ises
f am m ram of mne sibs de m uhdctammd pR:,astb_ma k "rig, rghaa..ai, or nb'icroorlh stobillm
defect an tie prom4m.
16.
19.
�I
jLJ7
J C1
la' U
1 am a are d anem irksW5 tdiern ties or vllrer wocd bodhy kmds.
Ian arse d a stiue at dete:temsad br p�* Uorrs d IonrAac or other wood baring inor�.
Pa.
❑
1am ware ofuidemmumfire )sbrwtangoontheproperly.
21,
0
L7 M
I am aware a boundary or kA hw amputsr,
22.
C!
�❑
1 have received rwfice of vdrllun of kszl, aisle or federal lvnz or reVA*;orw relating to this Proper(]'.
"Ic" VIdadon has rent been coeeae".
Page 1 at 4
JUN -25 -2005 02:51 CENTURY 21 GOLDEN 8474269099 P.11
05/18/2685 19:55 6392318690 DANIEL AND ASSOC R E PAGE 11
Nate: These d solosures are net intended to cover the common NeRrer>te 91`111 condomirtium but only the
acual residential real property including firnked common elements0ocatpel fo 4te exclusive use thereof that form an
intqpral part of 1ha condominium unit.
Notes These disclosures are irytended to reflect the current condition of the premises and do not Include
previous problems, ff any, thatthe seller ressomably believes have been comected,
If any of the above are marked 'W, opplic 06' Or 'yea", please mpl0in here oT u" ads tanar pages, if necessary".
Check here if sddrdorlai pages used: Q
salter cerviies ftt seller has prepared this statement and caf ss that the informedon provided is based on the actual
notioo or actual icnovdedge of the seller wtthout any specfic invedgiabon or inquiry on the part of Me beller. The seller
hereby authorges any person representing any principal in this transaction to provide a copy of the report, and to
disclose anyy ' ration in the report, to any person in com ectimn with any actual or anticlpated,sti7le of the property.
seller " f • 4 cafe: 5 (z zoos
Seller. DatE:—
PROSPECTIVE BUYERS AWARE THAT THE PARTIES MAY CHOOSE TO NEGOTIATE AN AGRE -MENT FOR
THE SALE OF THE PROPERTY SUBJECT TO ANY OR ALL MATERIAL OEFEGTS DISCLOSED ITd THIS REPORT
('AS IS")_ THIS DISCLOSURE 15 NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THAT THE
PROSPECTIVE BUYER OR SEU_ER MAY WISH TO OBTAIN OR NEGOTIATE, THE FACT THAT THE SELLER IS
NOT AWARE OF A PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES NOT EXIST.
PROSPECTIVE SUPER IS AWARE TRAT HE MAY REQUEST AN INSPECTION OF THE PREMISES PERFORMED
alr�D PROFESSIONAL.
Praspoodue sayer �` Date:
ve B Date:, -9/1 6 %s- Time'
D Fs,l?ROPERTTDISOLr13llI1EACT
SENATE BILL 928 (PUBLIC ACT 86.111) EFFECTIVE OCTOBER 1, "114
AN ACT relating to disdoaure by the seller of remdental real property-
Section 1. Short this. This Act may be aced as the Resldeniial Real Property D itimuro Act
Section 5. As used in this Ac* unless the context others sa requires the for mAnc terms have the masning
given In this sectJon-
-Residential real property" means real property lmprovad wOh not lem than one nor more limn focrrrealdential
dw9rling units units io resden8al comeratms: or, CDndordnum units including the Trntr'ted common elements
allocated to the exclusive use thereof that form an imeTai part of the condominium unit
'Seliaf' means every person or entity who is an owner, benelic ary of 9 trust, con9aCt purrhasef or lessee cf e
ground leas% who has an intsmst (legal or equitable) In residential Feral property. However, ^seller' shall riot include
any person who has both ((F� never occupied the residential real property and n never had the management
tesporemVhy for the resider& real property nor delegabRd such responsihllrly for the re_vldential Feat property to an-
other porn or emity,
'Prospedve buyer means any person or erttny nogotlabq W offering to became an owner or lessee of
residemW real property by means of a transhm for value to which fhis AN applies.
Section 10. Except as provided in Section 15, this Act apples to any transfer by colt, mss, installment
land salr nt as assignment of benelimW lrftnvst, lease with an option to purchase, ground lease or assignmamt of
ground 1aise of mWential real popery.
Section 15. The provisions of thrs Act do not apply to the f4ow+hV:
(1) Transfars prmsrmrd to court order, Including, but rot limited to, trar>sfers ordered by a probate court 10
admanstra6on or an estate, transfers between spocses resulft Larn a judgment of of
marriage or legal selraration, tansfem pxsuant b a"w order a possession, 6aoft by a trustee in
ba*r pl-y. txarxs ere by eminent domain and trarGfHS resultim from a decree for apectllc pv mane.
Pope 2di4
JUN -25- 2905 62:52
,05/10/2005 19:55
CENTURY 21 GOLDEN
6382318098
DANIEL AND ASSOC R E
8474269099 P.12
PAGE 12
(2) Transfers from a mortgagor to z mortgagee by deed In lieu of forandpsu:e or consent Judgement transfer
by judicial deed issued pursuant to a foreclosure sale to tthet sumessAll bidder or the assignee of a ce•BArale of sale,
transfer by a collateral assignment of a beneficial interest of a land hilt, or a transfer by a mortgagee or a successor
in interest to the mortgagee's secured position or a benafisiary under a deed in mist who has acquired the real drop-
any cry deed in lieu of foreclosure. tzrhsertl judgernart or judicial deed issued pursuant to a foreclosure sale.
(3) Transfers by a fiduciary in the course or the administration of a decedent's estate, guardlonshlp,
oortseivatorship, ortrust.
14) Transfers from olio co•lownerto one or more otherco- owners.
(5) Transfers pursuant to testate orintesh to succession.
(6) Transfers made to a spouse, or to a parson or persas in ore lineal fine of consanguinity of one or more of
the sellers.
() Transfers from on entty first has taken 0- to residential meet property from a seller for the purpose of
assistitV in the relocation of the seller, so long as the en* makes available to all prospective buyers a copy of the
di:dosure form furnished to the entity by the seller.
t8) Transfers to or From any governmental art*.
(9) Transfers of newly constructed residential real property that has not been occupied.
Section 20. A seller of residential real property shall complete all applicable Ilems in the d selosure document
deeaibed in Section 35 of this Art The seller shall deliver to the prospective buyer the written disclosure statement
required by tills Act before the signing of a written ag aemcm by die seller and p=ionc live buyer that would, subject
to file satisfaction of any rhago6aied con"andos, require the prospective buyer to accept a transfar &the residential
real property.
Section 25. Liability, of seller, (a) The seller is not tide for any error, inaccuracy, or orrisr4an of any
information delivered pursttarht to Cris Act a (;) the seller had no kgWedgc of the enor, inaccuracy, oronission,'(g) me
error, inaccurdryy, or onhiasion was based on a reasonable beliefthat a metedel defect or obier mmar not disclosed
had baen corrected, or CHI the error, inaccuracy, or omission v>rabased on Irhfonrigot provided by a public agency or
by a licensed engineer, lend surveyor, strueturel pest control opar;nor, or by a oonhactpr about mantas vdbin the
cope of the contractor's occupation and the seller had no knowledge of tine at=, inn =Mry or omission.
(b) ?he seller shall disclose matarial dill ebs of which the leper has actual Iahowladpe,
(e) The seller is not obligated by this Ad to main any specific investigation ar inquiry In an e6ort to complete
the disclosure Statement.
Section so. Disclosure supplement If War to dosing, any seller has actual knowledge of an error, haeouraey,
or omission in ony prior disclosure d=rum -t abr dellvery or IN dlsolosu2 documare.. la a prospective buyer, thot
P,Ast shall suppterner t the Prim disclosure document with a vnl v supplementmi dladosure.
Section 36. Disclosure report form. The disclosures regyired of a seller by this Pct, shall be made in the
following form: (toter on reverse side)
sedon 40. Material defex If a material dated is dtedoeed In Iha FesldwtiiW Res Property Elcciosure
Report, after aomMnee by the prosnadive buyer of an o%r or minler affar made by a seller or after the exaotdton
of 9n offer made by a prosp0vM buyer ", Is accapted by the seller far the conveyance of the maldeatial real
property, then the Prospective Buyer may. within three business days aft, receipt of Chet Report by the prospeave
boyar, terminate tho contractor other gmemem wittiout any IIRMPty or recourse ceteept for bee return to prospeave
buyer of all earnest money deptisfts or down fsy:nents paid by prospective buyer in the talispAion. If at rratar®I
defect is disclosed in a supplement to this dsscosum down& the promPactive buyer shag net have a light to
terminate unless the materrdl defect results from an arse, inamuracy, or omission of which the seller had actual
knowledge at the time the prior daclosur¢ docvmerr, was armplaad and signed by the seller. Tha right to terminate
the enntrwL however, shall no longer edst after the conveyance of the resldentiai real property. ror purposes of this
Act the termination shall be deemed tc be made when *mw notice of termination is personally tlERvared to at least
one of the sellers iderrpfied in Ilia contract or other egreomerd or vReen d000alted, car5fied or registered mail, wifh Cre
United States Postal Service, addressed to one of the sailers at the address indicated h the conne! or agreement, or,
ii chore is trot an address wrrialned therein, aten at the addrew indicated for the resdential real property on the
RepoC,
Seelion 45. This Act ?s not interid9d to limit of medley arty obligation to disclose created by any athor afatute or
that may exist In common taw pn order to avoid fraud, mistepresentadon, or dacall in the Aansaetiorh.
Section 50. Delivery ofifhe Residential Peal Property Disclosure- Report provided by fills Act shall be by:
1) personal or Facsimile derwery to the prooperfive boyar
2) deposartg the re port *lh the UroYed States Postal Service, postage prepaid, first dens mail, addressed to
!ha prospecfive buyer at the address provided by the prospedHe buyer or indicated to the oahtrad or other
agreemem or
3) depositing the report with an alternative delivery senfee such as Federml Egress, UPS, or Airborne,
delivery &wgas prepaid, addressed to the Prosps tfu bhyer at the ad6reu provided by the Prospective buyer or
ind. -fed on the = it ct or aill agreement.
Page 2$4
JUN -25 -2005 0252 CENTURY 21 GOLDEN 8474269099 P.13
85/18/2005 19;55
6302318090
DANIEL AND ASSOC R E
PAGE 13
For purposes Of this Act, delivery to one prospacbve buyer is deemed deBvery to all prospective buyers•
Individual acting on behalf of a prospective buyer consftjbas delivery to all prospective b�yere•
DeIN2ry of yte Rep�art i sRcGfve upon receipt by the pmpe*,,o buyer: Reoelpt may be aOcwwledgod on the
Report in an agreenmrtt for the oomMance of the residential real property, or sha in any other verifiable mannt7.
Section 55. Vlolatlons and damages. ff the seller fogs or refuses to m terminate the whva� A nPer to
V conveyance of the resdendal real property. the buy ®r shall Wye th�oe Df is Ad or who dlsdosee arty infomradm
knowingly violates or fells to perform any duty PresIxIbed by arty pro
on the Residendal Real Property Disdosore Report tot he knows to be fetee Rltall be cable in the amount of actual
damages and rout cost', and the court may award reasonable atiomeyfeee incmed bythe 1).MMrlg PartY,
Section 60, No action of this Act nwY be commenced IeW then one year Imm the earlier of the date of
possess on data of occupancy or dale 7i rewrdir g of an instrumerd a wnvtwance of the resid9n1W coal property.
sadJon 65 A copY or this Act, axduduw SscHOn 35, mud ba Pr d on or as a par! or the f Siden6al Real
property Disdorurs RopDdfwm.
Section 92. This Art takes effect of October 1, 1994
PUBLIC ACT (88-111), REPRINTED IN rrSENTIREfY
As emended, 001"e dale 1.198
Page 4 d 4
JUN -25 -2005 02:52 CENTURY 21 GOLDEN 8474269099 P.14
95/18/2985 19:55
[nil
REALTOR
6362318898
DANIEL AND ASSOC R E
ILLINOIS AS800ATIM OF KFALTO"
MOLD DI8CT,OSM
Prkdx9l4am*) of Sete*) lr�X'r 7 e�e Co X
PAGE 14
I I
o� ro��tc
Prjue Nsme(e)alguya(g) //� pj
Property Addn� 2 % ! /V— s t f� J �f FL t• / b o 1'30
1, RFIiBAALR�'T/1RfRA TOt�lf4tof.S cUCPsxt »llmowkdge,$cllcrrept'e9a�t+'�
a.
-lb, Yropnty dmmbM lmrin bm Mss mot Mao p=viousiy triad for molds;
Noce. if Mm er to s_ is "me no(", fea skip b. cad c and go to Sectict *2-
ifM"War to A is `has °. doz aomplere b, and a
b, The moldsfowmi --- rvm —.rerenMidm"cdastorie"Ws;
s. _were not then m > wwm lbosc
molds
fiv.pva NfLma r
® ® 2. mup mgECI[OT!(fi Molds, fingtseC trtildew, and trial ' of may Caiat
in me Property of which d)e Sacr is umwme and bas no 0=9 k"lUdEt, Tb s cactus gesa%Uy 9mw m
place wttae 8tesn is p�[re mOl6aKe. atrdt a, whet 1Giltag may h9�c oavaed in son®, pipes, wallah Flame pats,
a wbem there bas beeo Soo'diaic A praf%domal borne iMSpedtno may gat disclotc molds. Buyer may wish to
ohn1b 30 mspation epai jy for Atolls to more frilly dctamise the emtdiEcc of tb= Property I'd its
envirmsmepUl steals. Neiftia' $eila's spun � BuyeM's agents ate experts in the field of mot4 The Buyaa tnc
wax ey meomgod to thermsclvca as to the Property Opndi60n,
3. Beyer makes ttm &x.omtopwcb%m'ZePtoPa1,e mdeVOdentaf> y
_ - � mar,,. e...we.wiFn4rrr envelred iO �e ttana�on �nEmiding'}�P7�Y"�'�'!""7SP ! a� a� t°
A =ts) bsrrokm it, ON eVtat." MOW A pti m On the rruW% Y'
4. �p �. Sella and Buyer bave and ti iF MA1d Diwlname and by their fiLOot"'5 bar f
■cbmwu ty"e M** of a copy dsamf.
PRfI➢FRSH]iVAL, ADVLC� seller and Buyer tue leis DiscloattR w9tb lbc
ex imdastardluS '= '
5' 85 a or eoorr_eos hefem its eusntim
Scam �ouN corr��.l�t,tritlft�a pfofeeaia�ru/,t�o�f tbdr cbuict te�ttiiflE �S' 4�
Setter: D24,
Ruya: Date:
Dated
Form 348 92m2 Copyr;gftf by Illinois Amm-W= of REALTORS
a,
JUN— ,eJ—GWJ 92x52
Lead Warning Statement
CENTURY 21 GOLDEN 8474269099 P.15
DISCLOSURE OF INFORMATTON AND ACKNOWLEDGMENT
LEAD -BASED PAINT AND /OR LFAD -BASED PAWr X4ZA9DS
Beery purchaser of say interest is residential real property on which a residential dwelling was built prior to 1978 is notified that
such property may present exposure to lead from lead -based paint that may place young obildna at risk of developing lead pononi ig.
Lead poisoning to young children may produce permanent neurological damage, mcludme learning disabilities, reduced urte11Wace
quotient, behavioral problems, and x*ured memory. Lead poisoning also posts a particular risk to preppam women The seller of
any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk
asseasmeats or inspections in the seller's possession and notify the buyer of any lawwn lead -based paint hazards. A risk assessment or
inspection for possible lead -based paint hazards is recommended prior to purebase.
Seller's Dlsclosnre (mid*
t� ( a) presence of lead -based paint and/or lead based paint hazards (check one below):
❑I Known lead based paint and/or leadbosed paint hazards are present in the housing (explain):
l-y Senerhas no knowledge of lead- based.paim and/or lead -based paint hazards m the housing.
0.J (b) Records and Reports available to the seller (check one below):
❑ Seller has provided the purchaser with all available record; and reports pertaining to lead -
based paint and/or lead -based bazards m the housing (list documents below):
dSeller has no reports or records pertaining to lead -based paint and/or lead -baud paint hazards
is the housing.
Parehaser's Acknowledgment (tidal)
(c) purchaser has received copies of all information listed above.
(d) Purchaser has received the pamphlet Protect Your Family From Lead in YourHomez
( e ) Purchaser has (check one below):
❑ Rw&"d a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment
or inspection of the presence of lead -baud paint and/or lead -baud paint hazards; or
❑ Waived the oppommity to eonduet a risk assessment or inspection for the presence of lead -
based paint and/or lead -based paint bazards.
Agent's Acknowledgment C=HK
(e) Agent has informed the seller of the seller's obtiigatons under 42 U.S.C. 4852 d and is aware of
his/her respormbility to ensure compliance.
Certification ofAcemey
The following parties have reviewed the information above and certify, to the best of their Inowledge, that the information they
have pmvidtd is tines and accurate.
Seller 4dG Dates /19/7005 Seller Date
Purchaser Date
Agent 1L4W�- -- Date's /'f
Date l l
gaze / /
TOTBL P.15
6- 28-05; 3:17PM;
oS/20/2008 09:20 FAX 847 888 9899
Crisanti & Young, P.C.
MOMeyS at Law
Lawrence 1. C"Ishrul
Also Admkrod MpIdp OW
TnOlM6 P. Ywng
Peuaw Or AM06Can A<ld&MY
Of 11(a1fI 181 l Mw cold
eprMlod "MIIY Mcwww
CRISANTI & YOUNG P. C.
May 20, 2005
Elsie Dean 6* *VIA FACSIMILE***
34 N. Island St., OF 630 -379 -0922
Batavia, IL 60510
RE' Cox sale to Meyer & %yaky
279 N. SPrimg St, EkIM, IL 60113
Dear Ms. Dean.
naiivice���
2001
83 Ma /kui 9(rcel
111#in, unno15 M23
1847) 689800
FaX 16471 89 19-9899
Cdeantiyounamhoi ma1LCOM
Be advised that this Law Firm represent Dan Cox in the purchase of the real estate
located at 279 N. Spring 9t., Elgin, IL 60123 from you- Pursuant to paragraph 12, Attorney's
Approval, we hereby approve the contract subject to the following changes and /or atnendtnents:
ok paragraph 14(d) shall be stricken.
2. Survey is dared January 12, 1996 and we will provide Affidavit of no
Mtprovemaata.
1 03 it is our understanding that the seller is only Faymg 2% of the loan origination fee
V03
and not any ob%w buyer's olosing costs.
Please acknowledge your aceeptance of the above modifications by signing the bottom of
this letter and rownung to this office.
very u y yours,
CRISANTI & YOUNG, P.C.
Lawrence 1 Crisanti
LIC /jz
(C"A(vDorv�aMWatMR ��Lwm+9VidV:'x Utn�319 N, SRi,fdeM�710M.We1
AGREED TO AS A5OvE STATED this
day of
2005.
6- 28 -05; 3:1 7PM;
DRAFT
May 20, 2005
VIA FACSIMILE TRANSMISSION (847 -885 -9899)
Lawrence I. Crisanti
Crisanti & Young
85 Market Street
Elgin, IL 60123
Re: AT'T'ORNEY REVIEW NOTICE
Cox sale to Meyer & Kefsky %u F51 1
Property: 279 N. Spring Street, Elgin, IL
Dear Mr. Crisanti
Please be advised that I represent the Buyers in the above- referenced transaction_ This letter
shall constitute my approval of the contract subject to the modifications listed below:
The following provision shall be added to the sales contract:
a) Buyers may terminate this contract if the purchase price set forth herein exceeds
the appraised value of the real estate and/or if the property is located in a special flood
hazard area which requires flood insurance as determined by Buyers' lender.
b) The Illinois Property Disclosure Report is incorporated into the contract and made
a part hereof; and
C) Seller is responsible for all assessments, regular or special, due or levied before
closing.
2. Seller represents:
a) That the property is not located in a special service area;
b) That the Seller has never had to treat the home for wood destroying insects and
has no knowledge of insect infestation;
c) That the most recent tax bill does not include any discount or reduction due to
Seller's status as a senior citizen;
d) That any municipal inspections and/or requirements shall be satisfied prior to
closing.
C) That Seller has not received any insurance proceeds as a result of destruction or
damage to the property which the Seller has elected not to repair /replace; and
6- 28 -05; 3:17PM;
;8477428050 # 5/ 5
f) That all fixtures, systems and personal property included in the Contract are in
operating condition (as set forth in Paragraph 3 of the Contract).
g) That there are no special assessments confirmed by the Association, if applicable.
3. The Leases/Agreements: The Contract is subject to the following representations and
information, and shall be satisfied the Buyers on or before Tuesday, May 24, 2005.
a. Seller to represent and warrant that there are not outside contracts relative to this
property for maintenance, management, or service whatsoever.
b. The Contract is sutSeller to provide the following to Buyers on or before May 24,
2005 for Buyer's approval.
C. All leases, all underlying documentation for the leases, including but not limited
to application, credit check, and criminal background check.
d. Relative to the leases, seller to confirm that all utilities, including heat, clectric,
and gas is paid for by the tenant.
e. Seller to represent and warrant that the leases provided are representative on the
entire agreement with all tenants. Seller specifically to represent there are no verbal or side
agreements with any tenants.
f. Seller to confirm that all tenants are current in payment of rent, and will be
current at time of closing.
g. Seller to provide keys for all units, including the utility room.
h. Seller to confirm the amounts of security deposit for each tenant, and Seller shall
agree to provide Buyers with the security deposits as a credit to the Buyers at closing.
4. For purposes of clarification, Line 45 of the Contract shall state as follows: Seller shall provide
the Buyers with a credit at closing of 2% of the purchase price, and said credit shall be a flat credit,
regardless of my client's closing costs.
5. The provision of this letter will control in the event of a conflict with the provision of the
sales contract.
The terms of this letter are in no way to be considered a counter -offer and are merely suggested
modifications which we retain the right to withdraw if not agreed to by your client. In all other
respects, the contract shall remain in full force and effect
If the above requests meet with your clients' approval, please sign a copy of this letter and return
it to my attention.
6- 28 -05; 5:02PM;
rAA 041 ova Voe!
Crlsantl & Young, R C.
Afrorneys at Law
WwrVnm t. Cmmnn
Aaw Adn dl Pf&kl. eat
ThonHe P. 'yuw) l
ndr Of Am l AQIOa y
of MMOMMlil (A+ypy and
CMlr&d >vmay McClalar
Elsie Dorta -Dean
34 North Island Ave.
Suira F
Batavia, IL 60510
t.a1.lAn1 -1 a XMNG P. C.
May 24.2005
***VIA FACSIMIA..6.wke
630.879 -0922
its Rs; Cat salt to Mrysr & Kefsky
279 N. SprrwSStreet,Algk, /L
Dear NU. Dorta -Dean;
;84]]428050 n - �.
0001
6s Meamt street
Elgin, minors sor23
1047) e684)eoo
Fax 1e*7) 9680899
crisan uymigehotmail.ccm
1 am in receipt of your fax ofMay 23, 2005 seeking modiiicatioin or changes to the
contract. In response seller states as follows:
I. A-C Agreed
2. A -G Agreed
3. With regards to Paragraph 3 of your letter, seller reaponds as follows-
a- There are no outside oontrects for Prbpeny maintenance. management, or
JefvlCaa.
b. There are no written leasm, the looses are oral in nature they-are-tuonth to
..— —
mQr1t -oral-kasa r- fourunits. One ofthe tenants is being evicted for not being current with
rant,
c. Landlordfaelker pays the heat and the tenants pay the electric and cooking gas.
d. Not applicable since these are oral month to month leases.
e. All tenants are MUM in their rent except for the one that is being evicted.
f. Agreed
g. It is our vaderetan;14 that those security deposits are accurate. Seller will
provide purchasers with security deposit credits at closing.
6- 28 -05; 3:02PM;
08/26/2006 12.96 FAX 847 888 0808
CRISANTI A TOM P. C.
:841/42tl000
to 002
With regards to your response to my fax, please be advised that the seller's client was
always tinder the impression that it was to be 2°/, of the ban origination fee. Seller would
consider providing a flat credit of $3,400, 00 towards cbaing costs or 2% of the loan origh*tiea
_�fes,whichever is greater.
Please advise us as to whether or not your client is in agreement with the above.
Very truly yours,
CRISANTI & YOUNG, P.C.
�04-�a�C
Lawrence L C�isanti
LiCfjs
(CaayDaan.o'.W.rd * ana Decwu`wlP� D,�t37P N. Sp.6��udWMDi.r�
uaiairzuuo ":40 P,4,4 047 666 9699 CRIS&NTI a YOUNG P. C. U002
W MrIlzM�M11:'!
( M,M "e
"W 0rjXW Of
sT_ DMra-VIAN
bky26,21105
VIA FAC1W4U TRAI ON (W74N-f"
La*Taws L Ce' iemd
Comd a Yews`
85 Md" Eldred
Elgin, M 60123
Re: Cwt sal.I* Mdye9 & Ksbkr
pa"ty. 279 N. speins ft*K Bleier M
Dear W.171ows!
el/ Fia Sod. Same
$6,6 106
0"So.. guo* .60154
(SP anr.°r —.e saw)
7
1NIs freest is in response to yow MW dead Moy 24, 2005, which it is acceptable except for the following:
I . M tamest *41 be todw eviction of the one tenant who is currently in the process of being
evicted. Tice Beyaa may cagoal tba o0rltra, orris tot. is no oviatod by the closing date.
2. As to tlta MM to the Bayer at eioabtL dw Bvyats will aeeapt the following:
dhetl ptwtldo do Buy= With a�0et ��r m of S 5� or 2% of the
bvm ben unortat r9h 00
rbu Wm of this Teter an is no rttry in be orn*WwW a county -offer which we retain the right to withdraw if
not agreed m by your cliaat. Aa an cow fupam the cot hsa sball amain In full fora and etYact.
if the above tegwo treat whh yaw clisiou' approval, please sign a copy of this letter and return it to my
9KCntim
may'
04L&VLAI
Me Datb•Daan
AttDMq at law
po: Rada M"w and Wdob l dit (v4 a-aWr) Acksow
Ge.«+- s+rsaC� thi s L day
MOWNa'11(via 1110)