HomeMy WebLinkAbout22-164 Resolution No. 22-164
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT
FOR THE PURCHASE OF A PORTION OF 8 SOUTH SPRING STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute a real estate contract on behalf of the City of Elgin with
Union National Bank and Trust Company of Elgin, for the purchase of a portion of the property
commonly known as 8 South Spring Street, Elgin, IL 60120 for $14,091, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 14, 2022
Adopted: September 14, 2022
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
REAL ESTATE SALE CONTRACT
1. Agreement to Purchase. The City of Elgin, Illinois, an Illinois municipal
corporation("Purchaser") agrees to purchase at a price of Fourteen Thousand Ninety-one Dollars
($14,091.00), on the terms set forth herein, certain real estate and all improvements thereon and
appurtenances thereto, such real estate consisting of the south 15 feet of the east 44 feet of Lot 2
in Block 15 of the original Town of Elgin, being a portion of the property commonly known as 8
South Spring Street,Elgin,Kane County,Illinois 60120,and a portion of Permanent Index Number
06-14-434-021, the legal description thereof being set forth on Exhibit A attached hereto and
incorporated herein by this reference (such real estate, all improvements thereon and
appurtenances thereto are hereinafter collectively referred to as the "Real Estate").
2. Agreement to Sell. Union National Bank and Trust Company of Elgin ("Seller")
agrees to sell the Real Estate described above at the price and terms set forth herein,and to convey
or cause to be conveyed to Purchaser title thereto by a recordable warranty deed, with release of
homestead rights, and subject only to general real estate taxes for the year 2021 and subsequent
years.
3. Payment Structure. At the Closing, Purchaser shall pay the total Purchase Price,
plus or minus prorations.
4. Survey. Purchaser shall obtain a survey of the Real Estate at its expense.
5. Closing. The time of Closing ("Closing" or"Closing Date") shall be on or before
October 31, 2022, or such other date as may hereafter be agreed to by the parties, or on the date,
if any,to which such time is extended by reason of Section 8 hereafter becoming operative. Unless
subsequently mutually agreed otherwise,Closing shall take place at the office of the Escrowee(as
hereinafter defined), provided title is shown to be good or is accepted by Purchaser.
6. Commissions. Seller and Purchaser each warrant to the other that they have dealt
with no real estate broker in connection with this transaction. Each party agrees to indemnify,
hold harmless and defend the other party from any loss, costs, damages or expense (including
reasonable attorney's fees) arising out of a breach of the warranty contained in this Section 6.
7. Title. Purchaser shall obtain, not less than ten (10) days prior to the Closing, at
Purchaser's expense, a title commitment for an ALTA owner's title insurance policy issued by
Chicago Title Insurance Company(the"Title Company") in the amount of the purchase price and
including extended coverage over the so-called "general exceptions" to the Policy, covering title
to the Real Estate on or after the date hereof, showing title in the intended grantor subject only to
(a) the title exceptions set forth in Section 2 above, (b) title exceptions pertaining to liens or
encumbrances of a definite or ascertainable amount which may be removed by the payment of
money at the time of Closing and which the Seller shall so remove at that time by using the funds
to be paid upon the delivery of the deed, (c) acts of Purchaser and all parties acting through or for
Purchaser and (d) zoning laws, statutes and ordinances. At Closing, Seller also shall furnish
Purchaser an affidavit of title in customary form covering the date of Closing and showing title in
Seller subject only to the Permitted Exceptions.
8. Title Clearance. If the title commitment or plat of survey discloses either
unpermitted exceptions or survey matters that render the title not in conformance with the
provisions of this Contract (herein referred to as "survey defects"), Seller shall have thirty (30)
days from the date of delivery thereof to have the exceptions removed from the commitment or to
correct such survey defects or, if Purchaser so approves in writing, to have the Title Company
commit to insure against loss or damage that may be occasioned by such exceptions or survey
defects, and, in such event, the time of Closing shall be twenty (20) days after the delivery of the
commitment or the time expressly specified in Section 5 hereof, whichever is later. If Seller fails
to have the exceptions removed or correct any survey defects, or in the alternative, to obtain the
commitment for title insurance specified above as to such exceptions or survey defects (if
Purchaser so approves in writing)within the specified time, Purchaser may terminate this Contract
or may elect, upon notice to Seller within ten (10) days after the expiration of the 30-day period,
to take title as it then is with the right to deduct from the purchase price liens or encumbrances of
a definite or ascertainable amount. If Purchaser does not so elect, this Contract shall become null
and void without further actions of the parties.
9. Real Estate and Transfer Taxes. Seller shall be responsible for and shall pay when
due the entirety of the general real estate taxes for the whole of parcel 06-14-434-021, including,
but not limited to, for the portion thereof consisting of the Real Estate, for the year 2021 due and
payable in 2022. The foregoing provisions of this section shall survive the closing and the
conveyance of the Real Estate to the Purchaser. General real estate taxes shall otherwise be
prorated and adjusted ratably as of the time of closing. If the amount of the current general real
estate taxes is not then ascertainable, the adjustment thereof, except for that amount which may
accrue by reason of new improvements, shall be on the basis of 105% of the amount of the most
recent ascertainable taxes. The parties acknowledge that this transaction constitutes a sale to a
governmental unit and is therefore exempt from transfer taxes imposed by the state and county.
Seller shall furnish a completed real estate transfer declaration signed by Seller or Seller's agent in
a form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois, and shall
furnish any declaration signed by Seller or Seller's agent or meet other requirements as established
by county or local ordinance with regard to a transfer or transaction tax.
10. Seller Warranties: Seller represents and warrants to Purchaser as follows:
(a) Seller is not a "foreign person" within the meaning of Section 1445 of the Internal
Revenue Code. At closing, Seller shall deliver to Purchaser a certificate of non-
foreign status.
(b) There are no existing leases affecting the Real Estate.
(c) There are no existing contracts or options to purchase the Real Estate.
(d) There exists no management agreement, exclusive brokerage agreement or service
agreement of any kind relative to the Real Estate that will continue in force beyond
the closing date.
(e) As of the Closing Date, the Real Estate will be vacant and unoccupied.
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(f) To the best of Seller's knowledge, there are no underground storage tanks on the
Real Estate.
(g) To the best of Seller's knowledge,neither the improvements on the Real Estate nor
the Real Estate contain any friable asbestos and no polychlorinated biphenyls
(PCBs) are located in, on or under the Real Estate (including, without limitation,
in, on or under any equipment located thereon).
(h) To the best of Seller's knowledge, no hazardous materials or substances have been
located on the Real Estate or have been released into the environment, or
discharged, placed or disposed of, at or under the Real Estate.
(i) To the best of Seller's knowledge, the Real Estate has never been used as a dump
for waste material.
(j) To the best of Seller's knowledge, the Real Estate and its prior uses comply with
and at all times have complied with any applicable governmental law, regulation or
requirement relating to environmental and occupational health and safety matters
and hazardous materials or substances.
11. Condition of the Real Estate at Closing. Seller agrees and shall deliver to Purchaser
at Closing possession of the Real Estate including but not limited to all improvements thereon and
appurtenances thereto in the same condition as it is at the date of this Contract, ordinary wear and
tear excepted. Seller at its cost shall prior to closing remove from the Real Estate hereof all
vehicles, equipment, debris and Seller's personal property.
12. Survival.All representations,warranties,indemnities and covenants made by Seller
to Purchaser under this Contract shall be deemed remade as of the Closing and shall survive the
Closing, and the remedies for the breach thereof shall survive the Closing and shall not be merged
into the closing documents.
13. Closing Documents. In addition to the deed, affidavit of title, transfer declarations
and other documents described in this Contract, Seller shall deliver or cause to be delivered to
Purchaser at Closing the following:
(a) an ALTA statement signed by Seller;
(b) waivers of or insurance over broker's lien claims by all real estate brokers involved
in the transaction contemplated by this Contract;
(c) a title policy or marked-up commitment in the amount of the purchase price, dated
on the Closing Date, insuring title in Purchaser or Purchaser's nominee, in the
condition required under Section 7;
(d) a Plat Act Affidavit, if applicable.
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14. Default. Seller and Purchaser agree that, in the event of a default by either party
the other party shall,prior to taking any such action as may be available to it,provide written notice
to the defaulting party stating that they are giving the defaulted party thirty (30)days within which
to cure such default. If the default shall not be cured within the thirty (30) days prior aforesaid,
the party giving such notice shall be pennitted to avail itself of remedies to which it may be entitled
under this Contract.
15. Remedies. In the event that either party fails or refuses to carry out its obligations
under this Contract the other party shall be free to pursue any available legal remedies at law or in
equity.
16. Escrow. This sale shall be closed through an escrow (the "Escrow") with Chicago
Title and Trust Company ("Escrowee"),in accordance with the provisions of the Deed and Money
Escrow Agreement then in use by Escrowee, with such special provisions inserted in the escrow
agreement as may be required to conform with this Contract. Upon the creation of such Escrow,
payment of the purchase price and delivery of deed shall be made through the Escrow and the
earnest money shall be deposited in the Escrow. The cost of the Escrow and any so-called "New
York Style" closing fee shall be divided equally between Seller and Purchaser. Purchaser and
Seller shall make all deposits into the escrow in a timely manner to permit the Escrowee to disburse
the Escrow on the Closing Date.
17. Time. Time is of the essence of this Contract.
18. Manner of Payment. Any payments herein required to be made at the time of
Closing shall be by certified check, cashier's check, City of Elgin check or wire transfer.
19. Notices. All notices herein required shall be in writing and shall be served on the
parties at the addresses following their signatures. The mailing of a notice by registered or certified
mail, return receipt requested, or personal delivery by courier service shall be sufficient service.
Notices may also be served on the attorneys for the parties by email or by use of a facsimile
machine with proof of transmission and a copy of the notice with proof of transmission being sent
by regular mail on the date of transmission.
20. Interpretation. This Contract shall be construed, and the rights and obligations of
Seller and Purchaser hereunder, shall be detennined in accordance with the laws of the State of
Illinois without reference to its conflict of laws rules.
21. Failure to Enforce Provisions. The failure by a party to enforce any provision of
this Contract against the other party shall not be deemed a waiver of the right to do so thereafter.
22. Amendments. This Contract may be modified or amended only in writing signed
by the parties hereto, or their permitted successor or assigns, as the case may be.
23. Entire Agreement. This Contract contains the entire agreement and understanding
of the parties herein, all prior agreements and undertakings having been merged herein and
extinguished hereby.
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24. Joint and Collective Work Product. This Contract is and shall be deemed and
construed to be a joint and collective work product of the Purchaser and the Seller, and, as such,
this Contract shall not be construed against the other party, as the otherwise purported drafter of
same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity,
vagueness or conflict, if any, in the terms or provisions contained herein.
25. Assignment. This Contract shall be binding on the parties hereto and their
respective successors and permitted assigns. This Contract and the obligations hereunder may not
be assigned without the express written consent of each of the parties hereto.
26. Uniform Vendor and Purchase Risk Act. The parties agree that the provisions of
the Uniform Vendor and Purchase Risk Act of the State of Illinois (765 ILCS 65/1 et seq.) shall
be applicable to this Contract.
27. Inspection. Within five (5) Business Days after the Date of Acceptance, the Seller
shall provide to Purchaser copies of any existing documents or records relating to any
environmental conditions on the Real Estate in its possession or control including, but not limited
to, any existing environmental reports or soil borings. Purchaser shall have up to thirty (30) days
after the Date of Acceptance such 30-day period being hereinafter referred to as the "Inspection
Period") to conduct and complete investigations and inspections of the Real Estate to determine
whether the condition of the Real Estate is suitable to the Purchaser. Such investigations and
inspections may include, but not be limited to, obtaining a phase I environmental assessment.
Seller hereby grants to Purchaser and Purchaser's agents access to the Real Estate for the purpose
of conducting such inspections. Purchaser shall indemnify Seller and hold Seller harmless from
and against any loss or damage to the Real Estate caused by the acts or omissions of Purchaser or
Purchaser's agents performing such inspections. In the event the Purchaser determines, based
upon such reports, inspections or otherwise, and in the sole and absolute discretion of the
Purchaser, that the Real Estate is not reasonably suitable to the Purchaser,then the Purchaser may,
by written notice to the Seller given prior to the end of the 30-day Inspection Period, elect to
terminate and cancel this Contract. If the Seller is so notified in writing by the Purchaser prior to
the expiration of such 30-day Inspection Period, then this Contract shall be terminated and
cancelled and null and void with no further liability of either party hereunder. In the absence of
written notice from the Purchaser to the Seller prior to the expiration of such 30 day Inspection
Period electing to terminate and cancel this Contract, Purchaser's right to terminate and cancel this
Contract pursuant to the provisions of this section shall be deemed waived by all parties hereto,
and this Contract shall be in full force and effect.
28. Dedication as Public Right-of-Way. Within ninety (90) days following the Closing
and the Purchaser's acquisition of the Real Estate, Purchaser agrees to and shall dedicate the Real
Estate to the City of Elgin as a public right-of-way. Seller, along with all other members of the
public, shall have access through the Real Estate as dedicated public right-of-way on the same
terms and conditions as other City of Elgin streets and alleys. Seller's access through this public
right-of-way shall include reasonable access on such property from time to time as reasonably
necessary to maintain the retaining wall on Seller's adjacent remaining property to the north.
Notwithstanding the foregoing, or anything else to the contrary in this Contract, Purchaser makes
no representations or warranties as to access to the Real Estate as a dedicated public right-of-way
or otherwise from or through other properties including, but not limited to, the properties easterly
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and westerly of the Real Estate. The provisions of this section shall survive the Closing and the
conveyance of the Real Estate to the Purchaser.
29. Counterparts and Execution. This Contract may be executed in counterparts, each
of which shall be an original and all of which shall constitute one and the same agreement. This
Contract may be executed by electronic signature, which shall be considered as an original
signature for all purposes and shall have the force and effect as an original signature. Without
limitation, "electronic signature" shall include fax versions of an original signature or
electronically scanned and transmitted versions (e.g., PDF) of an original signature.
CITY OF E UNION NATIO 'BANK AND TRUST
COMPANY t ELGIN
By: By: �-
Richard G. Kozal, City anager (\
Atte Its
Rjji L SHAW, RUld"
City Clerk
Date: September 14 12022 Date: , 2022
150 Dexter Court 101 E. Chicago St.
Elgin, IL 60120-5555 Elgin, IL 60120
Attention: City Manager Attention: Fred Shaw, President
with a copy of notice to: with a copy of notice to:
William A. Cogley Joe Gottemoller
Corporation Counsel Attorney at Law
City of Elgin Gottemoller & Associates
150 Dexter Court 1N Virgina Street #A
Elgin, Illinois 60120-5555 Crystal Lake, Illinois 60014
847-931-5659 815-459-5152
947-931-5665 (facsimile) 815-459-0290 (facsimile)
cogley_w@cityofelgin.org j oe@mchenry county law.corn
Legal Dept\Rcal Estate\RE-Sales Contract-Union National Bank-Portion Parking Lot-8-29-22.docx
6
EXHIBIT A
Legal Description
The south 15 feet of the east 44 feet of Lot 2 in block 15 of the original Town of Elgin, on the east
side of the Fox River, in the City of Elgin, Kane County, Illinois.
7
2022KO53064
SANDY WEGMAN
RECORDED: 11/1/2022 9:25 AM
MOCIt,A �VAIZIt��N I�Y DEED) RECORDER - KANE COUNTY, IL
� 9 REC FEE: 53.00 RHSPS: 9.00
'2l(��130 CVI/Lj tr, PAGES: 5
THIS INSTR.UMIN'r WAS
PREPARED BY:
Joseph Gottemoller
McHenry County I.aw,LLC
One N. Virginia St.
Crystal 1-ake, II.()0014
All, AITYE R_RECORDING TO:
City of Elgin
Atui: City Clerk
150 Dexter Ct.
Elgin,IL 60120 O �R'S STAMP
SPECIAL WAR A ,n
THIS SPECIAL WARRANTY DI+LLD i n ay of: QC�'��e__�, 2022,
by UNION NATIONAL BANK AND
T A-RU ' i Y F ELGIN, a National Banking
Association, ("Grru.itor"), having an address hi St., Elgin, IL 60120, to Cl'E'l' or
ELGIN,("Grantee")of 150 Dexter Ct., !-Agin, L 6 -
WITNESSETH, that the Grantor, n onsideration of the stun of'Ten and no/100
($10.00) Dollars and other good and vale, )I n. 'd tion in htuid paid by the Grantee,the receipt
whereof is hereby acknowledged, by thes- I rose it, does GRANT, unto the (itttntee, its successors
and assigns,FOREVER,all the land ' tr e t r•County ot. Kanc:and state ol'Ill.inois ktioNvii Lund
described on EA ibit A altaclIed he I al a part he►tiuf(the"Premises").
Permanent Index Numbe : - i4- (part ot)
Property Address: Spr ,.tr t,Elgin, Illinois 60120
Together with all t nd t to the hereditannents and appurtenances thercunto belonging, or
in anywise appertaining, am -eversion Lund reversions, reinainde;r and remainders, rents, issues
and profits thereof,and all the estate,right,title, interest,claim or demand whatsoever,ofthc Grantor,
either in law or equity,of, in and to the:Premises,with hereditaments and appurtenances:"I.O HAVE
AND TO HOLD the Premises above described with the appurtenances, unto the Grantee, his
heirs/successors and assigns forever in FEE SIMPLE.
And the Grantor,for itself,and its successors and assigns,does covenant,promise and agree,
to and with the grantee,his heirs/successors and assigns,that during the period that Grantor has owned
title to the Premises, it has not done or suffered to be done anything whemby the Premises hereby
granted are, or may be, in any manner encumbered or charged and the Grantor will wan-ant and
forever defend the Premises lbr the periocl that C ramor owned title to the Premises against all persons
lawfully claiming by,through or under the Gnuntor,but lint otherwise.
IN WITNESS WHEREOF, said Grantor has caused its natne(U he signed in these presents
the day and year first above written.
UNION N�TiONAL �K ANW nuis,C COMPANY OF ELGIN, a National Banking
Associati -
Name:l�red Shaw
Title: President I HEREBY DECLARE T?9AT r} =k TACHcn CSC?
REPRESENTS A TRANSACTI E PST P"
TAXATION UNDER THE C 0r6
TAX ORDINANCE BY pA Q
STATE OF ILLINOIS
ECTI ON?.001 6 Q
j
)SS Date
COUNIN OF_.V-Y LVV— )
1,the undersigned, a Notary Public, in and !Iq Ity, C; a ly t State o!'Il linois do hereby cerliA, that
Fi-ed Shaw personally known to me to be thc:I'resi n n1 d nal Bank and'Trust Company of Iillgin,
a National Bank Association,and personally kno 1 ' t stone person whose name is Subscribed
to the foregoing instrument, appearM belore t , i d• ii )e 'on raid severally acknowledged that as such
Fred Sham signed and delivered the said inslr m i its re 'dent as his free and voltuitary act,for the uses
and purposes therein set forth.
Given,under my hand and official a Ih'ti lay of - Es,2022.
Notary t'ubhc 1
Mail tax bills to: „ 110HICIAL SEAL"
City of Elgin K to KROMINGA
Attn: City Clerk Notary Public,state or Itlinds
MY commim on Expires,tune 28,M4
1.50 Dexter Ct.
Elgin, IT.60120
EA111111'1'A
IJX.AI, DESC'121P'1'MIN
THE SOUTH 15 FEET OF THE EAST 44 FEET OF LOT 2 IN BLOCK 15 OF THE ORIGINAL TOWN OF ELGIN,
ON THE EAST SIDE OF THE FOX RIVER, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS,
Common Address: 8 S. Spring St., Elgin, IL 60120
PIN: 00-14-434-021 {coves this and othe-property}
O O
0
CITY OF ELGIN
REAL ESTATE TRANSFER STAMP
APPLICATION FORM 0-
'FOR RECORDER'S USE(.)NI.Y'
CITY OF ELGIN
REAL ESTATE
TRANSFER STAMP
'6
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!)Aff-of flitod IVS)c of Deed. 1,petul Nat'am v r"d-oo
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GRANTOR
Union National Bank & rust Co.. of Elgin 101 E, Chicago St., Egin, 11 60120
XyAX"XxxXX
Addo
J.�- —
GRANTEE 150 Dexter Ct., Elgin, IL 60120
C,it of Elgin
xa Xxxxxxxxxxx XNXXXXXXXXXXX"XAXXXKXXXXXX--'
coRb�� Sandy Wegman
k Kane County Recorder
! i 719 S. Batavia Ave., Bldg. C
Geneva II, 60134
Phone: 630-232-5935
9�CUl7`�` ` Fax: 630-232-5945
PLAT ACT AFFIDAVIT OF METES AND BOUNDS
STATE OF ILLINOIS )ss
COUNTY OF KANE }
Joseph Gottemoller of McHenry County Law LLC , being duly sworn on oath,
states that affiant resides at 1 N. Virginia St., Suite A., Crystal Lake, 1 014 _
And further states that: (please check the appropriate box)
A. ❑ That the attached deed is not in violation of 7A I a), in that the sale or
exchange is of an entire tract of land not being a part of a I r t and; or
B. X That the attached deed is not in violation of L 2 11(b) for one of the following
reasons: (please circle the appropriate number)
1. The division or subdivision of land into par tr ct .0 acres or more in size which does not
involve any new streets or easements o a s;
2. The division of lots or blocks of less th e ) cr in any recorded subdivision which does not
involve any new streets or easemen e ;
3. The sale or exchange of parcels of Ian b we n wners of adjoining and contiguous land;
4. The conveyance of parcels of land or i e s t ein for use as right of way for railroads or other
public utility facilities and Other pi I hi h does not involve any new streets or easements of
access;
5. The conveyance of land owned b rail o d or other public utility which does not involve any new
0streets or easements of acc
"The conveyance of land for i her public purposes or grants or conveyances relating to
the dedication of la for li us or instruments relating to the vacation of land impressed with a
public use;
7. Conveyances made t c e scriptions in prior conveyances;
8. The sale or ex c ge o a ce or tracts of land following the division into no more than two (2)
parts of a par ti I parc I r tract of land existing on July 17, 1959 and not involving any new
streets or ease nt of c ess;
9. The sale of a single t of ss than 5.0 acres from a larger tract when a survey is made by an Illinois
Registered Land Surveyor; provided, that this exemption shall not apply to the sale of any
subsequent lots from the same larger tract of land, as determined by the dimensions and
configuration of the larger tract on October 1, 1973, and provided also that this exemption does not
invalidate any local requirements applicable to the subdivision of land;
10. This conveyance is of land described in the same manner as title was taken by grantor(s).
AFFIANT further states that it makes this affidavit for the purpose of inducing the Recorder of
Deeds of Kane County, Illinois, to accept the attached deed for recording.
SUBSCRIBED AND SWORN TO BEFORE ME
This j,";' day of5-1
�r:
rry���-f`1r!/�II,,SEAL
t p rOUSEN
Signature 6f,Notary Publi NOTARY PUBLIC.STATE OF ILLINOIS Signature of Affiant
] MY COMMISSION EXPIRES:D6rt2/24 y!
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