Loading...
HomeMy WebLinkAbout83-1215 Als CaferPF c63 - IaIS December 16, 1983 MEMORANDUM TO: Marie Yearman, City Clerk FROM: Roger K. Dahlstrom RE: Downtown Economic Development Program Attached are loan security documents associated with loan number 001 under referenced program. This package includes an installment note, a UCC form and security agreement on real property interest, and a UCC form and security agreement on fixed assets. These documents have been executed by W. Alan Berg (Al 's Cafe and Creamery) in favor of the City of Elgin. I have photocopied these papers for our departmental use; and I am for- warding the originals to you for deposit in the vault. R.K.D. Attachments /sl AL ' s CAFE & CREAMERY OFFICER APPROVED REVIEWED INSTALLMENT NOTE (Business Purpose) Date December 15 ,19 83 Amount$ 4 6 . ; 8 3. 31 D1e December 15 ,19 8 8 Number Elgin,Illinois For value received,the undersigned(jointly and severally if there be more than one)promise(s)to pay to the order of THE CITY OF ELGIN(hereinafter,together with any holder hereof,called the"Bank"),at its offices at 6 Fountain Square Plaza,Elgin,Illinois 60120,in accordance with the applicable Schedule of Payments set forth below,the sum of * Forty Six Thousand , Seven Hundred Eighty- Three and 31 /100 * Dollars,with interest thereon after date until maturity at the rate of * 0 * percent per year ix ixxxeXs) * * * * * * * Xpa41:XiaAAX46441Xe10*NM dln)ii)63Fd(aXIXnXii)(gXratd(f]1rAIKA-W6>)bakd6aidVU(e)EifevatlfiXd6)bJkl)CE(a)Sde)iiD(e)(Xn14'1CsAgy)bIXa(le 24c JEstGdCsl6iM pfr0114 Xr33kid(afnX Xfit (th )GXt*466 (1iyXaXclii*MarXcX altiteNN.WS,until payment in full at the note rate stated above plus * per cent,together with all costs of collection,including reasonable attorneys'fees.All annual rates stated above are calculated on actual days elapsed based on a 360-day year. Schedule of Payments The undersigned agrees to repay this note as follows: (Equal Principal ❑ a. in consecutive ❑ monthly; ❑ quarterly; ❑ installments of loan principal in Payments) the amount of$ (except the last such installment,which,if different,shall be in the amount of$ ), together with accrued interest payments,beginning on ,19 (Level ❑ b. in consecutive❑ monthly; ❑ quarterly; ❑ installments of interest and principal Payments) in the amount of$ (except the last installment,which,if different,shall be the amount of $ ),beginning on ,19 (Irregular) XX(c. * $974. 65 Monthly on the 15th , starting on January 15 , 1985 * If the interest rate of this note is based on a prime rate,a change in that prime rate will change the payment amount of each payment that includes in- terest,except in Schedule b above,in which case a change in the prime rate will affect only the amount of the last payment. SECURITY.As collateral security for payment of this note,any extensions or renewals of it,and any and all other commercial liabilities of any of the undersigned to Bank whether now existing or hereafter arising(the"Obligations"),the undersigned pledge(s)and deposit(s)herewith,and grant(s)to Bank a security i t est i (i) the property describegl as col ter I i the Sec rit A reem nt Trust_Deed or other collateral i st e t Assignment of Purchase 's interest in an Installment reement `for Warrant Deefr Collateral Pur- dated December I 19 8 i ,in favor of the Bank as secured party and executed by the undersigned and/or other debtor(s),(ii)any poses. other property which secures any of the Obligations pursuant to any present or future security agreement,pledge,assignment,mortgage,or other collateral instrument executed by any of the undersigned in favor of Bank,(iii)any securities,instruments or property of the undersigned which are or may at any time be delivered to or be in the possession of Bank,and(iv)any interest,income,distributions,dividends,proceeds,substitutions,additions,accessions or replacements of or with respect to the foregoing property. SET-OFF RIGHTS.Bank may,at any time or times hereafter,without notice,appropriate and apply toward the payment of this note,whether due or not, any indebtedness of the Bank to any one or more of the undersigned howsoever created or arising,including,but without limitation to,any and all balances, credits,deposits,accounts or monies of any one or more of the undersigned. Proceeds of Loan applied to lI Credit to A/c.No. I I Cash _ ❑ Cashier's Check No. ❑ Renewal of Note No. ❑ Payee l�L�' FEMERY X �v Signature wer W. Alan Berg EVENTS OF DEFAULT.This note and any of the other Obligations shall become immediately due and payable,at the ion of Bank,without any demand or notice whatsoever in the event that any of the undersigned shall(i)fail to make any payment when due of principal or nterest on this note or on any of the other Obligations,(ii)become insolvent or unable to pay debts as they become due,make an assignment for the benefit of creditors,or file or have filed against the undersigned a petition for relief under any insolvency,receivership or bankruptcy law or any proceeding relating to the relief of debtors or read- justment of indebtedness,(iii)die or be adjudged incompetent,or(iv)cause or suffer conditions which cause Bank to deem itself insecure.Presentment,de- mand,protest and notice of dishonor are hereby waived.In the event of a default under this note or any other Obligation,the undersigned shall be liable for all costs of collection and realization on any collateral securing this note,including court costs and attorneys'fees. NONWAIVER.No delay or omission on the part of Bank in exercising any power or right hereunder on one or more occasions shall be deemed a waiver of or impair the exercise of that right or power on any future occasion nor shall it affect in any manner the exercise of any other right or power of Bank hereunder.The undersigned and all guarantors and endorsers hereby consent to and waive notice of the Bank's(i)extending of the time for payment or per- formance of any of the Obligations,(ii)modifying or waiving any of the terms of any security agreement securing this note,and(iii)compromising or modify- ing any of the obligations of any maker,guarantor or endorser of any notes,security or other obligation held as collateral security for this note. CONFESSION OF JUDGMENT.To further secure the payment of this note,the undersigned hereby jointly and severally irrevocably authorize(s)any at- torney of any court of record to appear for them,or any one or more of them,in court,in term time or vacation,at any time after the stated or accelerated maturity hereof,and confess a judgment without process against them,or any one or more of them,in favor of the legal holder of this note,for such sum as may appear to be due and unpaid thereon,together with interest,costs,and reasonable attorneys'fees,and to waive and release all errors which may in- tervene in such proceeding and consent to immediate execution upon such judgment,hereby ratifying and confirming all that said attorney may do by vir- tue hereof. Each of the undersigned also agree to the terms stated on the reverse side hereof and that procee. is •te shall be used solely for business purposes. Address: S'•nature:// l /'r ¢,CIF•/: , ' EAMERY 43 Fountain Square Plaza (��/ Elgin, IL. 60120 Alan Berg ADDITIONAL TERMS OF NOTE A. ADDITIONAL SECURITY.The makers of this note(hereinafter"the undersigned")and each of them agree Bank may at any time or times hereafter call for the deposit of additional security whenever it deems the value of collateral security insufficient to provide an adequate margin of security with respect to the Obligations or whenever the Bank reasonably deems itself insecure,and the undersigned and each of them agree,in either event,to immediately deposit security satisfactory to Bank. B. COLLECTION OF COLLATERAL.Collateral security,such as interest.proceeds.dividends,or other distributions,may,but need not,be collected.received and held by Bank,and to that end Bank at any time or from time to time,whether any of the Obligations be then due or not,and at the expense of the undersigned,may on behalf of the undersigned,endorse checks, notes.drafts,money orders,instruments,or other banking items or evidence of payment and transfer into its own name or into the name of its nominee,on the books of the issuer,any or all of the shares of stock or other registered securities now or hereafter held as security for the above obligations,thereafter exercising,at its option,all of the rights of a registered owner with respect thereto. C. POWER OF ATTORNEY.The undersigned do(es)hereby constitute and appoint Bank the undersigned's true and lawful attorney with full power of substitution for the undersigned in the undersigned's name,place and stead;for the purposes of carrying out the provisions of paragraphs A-G hereof and taking any action and executing any instrument which Bank may deem necessary or advisable to accomplish the purposes hereof,which appointment is irrevocable and coupled with an interest. • D. PRESERVATION OF COLLATERAL.The undersigned assume(s)full responsibility for preservation of the collateral security,including taking any steps necessary to preserve any right of the undersigned or Bank against prior parties and against any obligor under any such collateral security,provided that Bank may.at its option,take action to enforce collection of all or any of the collateral security in its own name or in the name of any of the undersigned,and may in its discretion discontinue any such action.Any action with regard to the collateral security taken by the Bank as the undersigned shall reasonably request shall be deemed reasonable care but no omission to take any action not requested by the undersigned shall of itself be deemed a failure to exercise reasonable care.In no event shall Bank be required to take any action unless first indemnified to its reasonable satisfaction by the undersigned against all cost and expense that may be incurred in taking such action. E. SURRENDER OF NOTE,The surrender of this note.upon payment or otherwise,to any of the undersigned,shall not affect the right of Bank to retain the collateral security provided by the undersigned for any of the other Obligations.Bank may surrender this note and all remaining collateral security therefor.if any,to any one of the undersigned without liability to any of the other undersigned. F. RELEASE OF COLLATERAL.Bank may,at any time or times hereafter,without notice,and without liability for so doing,surrender all or any of the property at any time held as security hereunder to any one or more of the undersigned with or without requiring a substitute therefor and without thereby releasing or in any manner affecting the obligations of any of the undersigned. G. REALIZATION UPON COLLATERAL.At any time after default on this note,Bank is authorized at public or private sale,or at any broker's board,to sell,transfer and deliver the whole or any part of said collateral security or any substitutes therefor or additions thereto in accordance with law,and with the right in Bank to purchase at any public sale free of any right of redemption by the undersigned,and,except as otherwise provided by law,to apply the proceeds of any such disposition by Bank to all or any of the Obligations of any of the under- signed,and interest thereon,after first deducting from said proceeds the reasonable expenses of retaking,holding,preparing for sale,selling,and the like,and the reasonable at• torneys'fees and legal expenses incurred by Bank,rendering any over-plus to the undersigned who shall jointly and severally remain liable for any deficiency. UNCONDITIONAL GUARANTEE For value received,the undersigned guarantors hereby jointly and severally:(a)unconditionally guarantee prompt payment payment of(i)the within note.(ii)all renewals,extensions,or refinancings of it,(lit)all costs,including attorneys'fees,of collecting or enforcing the note,any renewals,extensions,or refinancings of it,or any collateral or security agreement securing the note or this guarantee;(b)waive presentment,dishonor,notice of dishonor and protest;(c)waive notice of and consent to(i)all extensions,renewals,or refinancings of the note.(Ii)the release,composition,or discharge of any party or any collateral security,and(iii)application of payments from any source in such manner as Bank may think best;(d)agree that no invalidi- ty,irregularity,or unenforceability of all or any part of the liabilities hereby guaranteed or of any security therefor shall affect,impair,or constitute a defense to this guarantee;(e)waive all diligence required of Bank in collecting any liabilities guaranteed hereby or in realizing on any collateral securing such liabilities or this guarantee;(f)authorize Bank,at any time or times after the stated or accelerated maturity of the note,without notice or demand,to appropriate and apply toward the payment of the note,any indebtedness of Bank to any one or more of the undersigned guarantors,howsoever created or arising,including but without limitation to.any and all balances,credits,deposits,accounts or monies of any one or more of the under- signed;and(g)agree that nothing except cash payment of the within note or any other of the liabilities guaranteed hereby shall release the undersigned guarantors,or any of them. To secure this guarantee the undersigned guarantors hereby jointly and severally irrevocably authorize any attorney of any court of record to appear for them,or any one or more of them, in such court.in term time or vacation,at any time after the stated or accelerated maturity of the within note,and confess a judgment without process against them in favor of Bank for such sum as may appear to be due and unpaid thereon,together with interest,costs,and reasonable attorneys'fees,and to waive and release all errors which may intervene in such proceedings and consent to immediate execution upon such judgment,hereby ratifying and confirming all that said attorney may do by virtue hereof. (J L.) I(.7 O CJ (J L7 N A.) N N NJ IQN N A) N l _ - - _ _ (Q7 (T A L) N — O l O - (T L (J N - O tD O .J O) (.r w (J N O c.^. m v O V. A (.) N - - - 1 f -4 - m D n r 0 Z O -n iI y D 1 { -c Z -4 • 1 1 I o AL ' s AF ._ & CREAVE:.Y INSTALLMENT NOTE (Business Purpose) Date !e cember ' r ,19 83 Amount$ 46 ,1783• 31 Due Ilecenher 15 ,19 Number Elgin,Illinois For value received,the undersigned(jointly and severally if there be more than one)promise(s)to pay to the order of THE FIRST NATIONAL BANK OF • ELGIN(hereinafter,together with any holder hereof,called the"Bank"),at its offices at 6 Fountain Square Plaza,Elgin,Illinois 60120,in accordance with the applicable Schedule of Payments set forth below,the sum of O r y ' 1T y. T- 10,: a n n ,i yin n[j r P< ; g h t y- Three and 31 /100 * Dollars,with interest thereon after date until maturity at the rate of * n * percent per year VI Irxl(e311901( * yy * k .i. 'S publicly announced prune commercial lending rate for Sltort-term%berro*Vieg the'rate of tliiii itoke)toctlahcie4/heti lend hs gny>change occurs in said prime rate,and after maturity,whether by acceleration or otherwise,until payment in full at the note rate stated above plus per cent,together with all costs of collection,including reasonable attorneys'fees.All annual rates stated above are calculated on actual days elapsed based on a 360-day year. Schedule of Payments The undersigned agrees to repay this note as follows: (Equal Principal ❑ a. in consecutive ❑ monthly; ❑ quarterly; ❑ installments of loan principal in Payments) the amount of$ (except the last such installment,which,if different,shall be in the amount of$ ), together with accrued interest payments,beginning on ,19 (Level ❑ b. in consecutive❑ monthly; ❑ quarterly; ❑ installments of interest and principal Payments) in the amount of$ (except the last installment,which,if different,shall be the amount of $ ),beginning on ,19 (Irregular) Xc. * $ 974, 5 .„ Monthly on the 15th, starting on January 15 , 1985 * If the interest rate of this note is based on a prime rate,a change in that prime rate will change the payment amount of each payment that includes in- terest,except in Schedule b above,in which case a change in the prime rate will affect only the amount of the last payment. SECURITY.As collateral security for payment of this note,any extensions or renewals of it,and any and all other commercial liabilities of any of the undersigned to Bank whether now existing or hereafter arising(the"Obligations"),the undersigned pledge(s)and deposit(s)herewith,and grant(s)to Bank a security integest in (i) the property described as collateral in the Security Agreement, Trust Deed or other,collateral instrument v, U + d�} dated �,`e c e m b e r I ,19 ,in favor of the Bank as secured party and executed by the undersigned and/or other debtor(s),(ii)any other property which secures any of the Obligations pursuant to any present or future security agreement,pledge,assignment,mortgage,or other collateral instrument executed by any of the undersigned in favor of Bank,(iii)any securities,instruments or property of the undersigned which are or may at any time be delivered to or be in the possession of Bank,and(iv)any interest,income,distributions,dividends,proceeds,substitutions,additions,accessions or replacements of or with respect to the foregoing property. SET-OFF RIGHTS.Bank may,at any time or times hereafter,without notice,appropriate and apply toward the payment of this note,whether due or not, any indebtedness of the Bank to any one or more of the undersigned howsoever created or arising,including,but without limitation to,any and all balances, credits,deposits,accounts or monies of any one or more of the undersigned. Proceeds of Loan applied to 11 Credit to A/c.No. _ I-7 Cash ❑ Cashier's Check No. ❑ Renewal of Note No. ❑ Payee �..� G�� SjE Q R FAP1'=R Y "� r , ., Signature of Borrower EVENTS OF DEFAULT.This note and any of the other Obligations shall become immediately due and payable,at the option of Bank,without any demand or notice whatsoever in the event that any of the undersigned shall(i)fail to make any payment when due of principal or interest on this note or on any of the other Obligations,(ii)become insolvent or unable to pay debts as they become due,make an assignment for the benefit of creditors,or file or have filed against the undersigned a petition for relief under any insolvency,receivership or bankruptcy law or any proceeding relating to the relief of debtors or read- justment of indebtedness,(iii)die or be adjudged incompetent,or(iv)cause or suffer conditions which cause Bank to deem itself insecure.Presentment,de- mand,protest and notice of dishonor are hereby waived.In the event of a default under this note or any other Obligation,the undersigned shall be liable for all costs of collection and realization on any collateral securing this note,including court costs and attorneys'fees. NONWAIVER.No delay or omission on the part of Bank in exercising any power or right hereunder on one or more occasions shall be deemed a waiver of or impair the exercise of that right or power on any future occasion nor shall it affect in any manner the exercise of any other right or power of Bank hereunder.The undersigned and all guarantors and endorsers hereby consent to and waive notice of the Bank's(i)extending of the time for payment or per- formance of any of the Obligations,(ii)modifying or waiving any of the terms of any security agreement securing this note,and(iii)compromising or modify- ing any of the obligations of any maker,guarantor or endorser of any notes,security or other obligation held as collateral security for this note. CONFESSION OF JUDGMENT.To further secure the payment of this note,the undersigned hereby jointly and severally irrevocably authorize(s)any at- torney of any court of record to appear for them,or any one or more of them,in court,in term time or vacation,at any time after the stated or accelerated maturity hereof,and confess a judgment without process against them,or any one or more of them,in favor of the legal holder of this note,for such sum as may appear to be due and unpaid thereon,together with interest,costs,and reasonable attorneys'fees,and to waive and release all errors which may in- tervene in such proceeding and consent to immediate execution upon such judgment,hereby ratifying and confirming all that said attorney may do by vir- tue hereof, Each of the undersigned also agree to the terms stated on the reverse side hereof and that the proceeds of this note shall be used solely for business purposes. Address: Aignature: untain Square Plaza x "" �i . 5012C -W. Alan erg I ADDITIONAL TERMS OF NOTE A. ADDITIONAL SECURITY.The makers of this note(hereinafter"the undersigned')and each of them agree Bank may at any time or times hereafter call for the deposit of additional security whenever it deems the value of collateral security insufficient to provide an adequate margin of security with respect to the Obligations or whenever the Bank reasonably deems itself insecure,and the undersigned and each of them agree,in either event,to immediately deposit security satisfactory to Bank. B. COLLECTION OF COLLATERAL.Collateral security.such as interest.proceeds.dividends,or other distributions,may,but need not.be collected,received and held by Bank,and to that end Bank at any time or from time to time,whether.ny of the Obligations be then due or not,and at the expense of the undersigned,may on behalf of the undersigned,endorse checks, notes.drafts,money orders,instruments,or other banking items or evidence of payment and transfer into its own name or into the name of its nominee,on the books of the issuer,any or all of the shares of stock or other registered securities now or hereafter held as security for the above obligations,thereafter exercising,at its option,all of the rights of a registered owner with respect thereto, C. POWER OF ATTORNEY.The undersigned do(es)hereby constitute and appoint Bank the undersigned's true and lawful attorney with full power of substitution for the undersigned in the undersigned's name,place and stead:for the purposes of carrying out the provisions of paragraphs A-G hereof and taking any action and executing any instrument which Bank may deem necessary or advisable to accomplish the purposes hereof,which appointment is irrevocable and coupled with an interest. D. PRESERVATION OF COLLATERAL.The undersigned assume(s)full responsibility for preservation of the collateral security,including taking any steps necessary to preserve any right of the undersigned or Bank against prior parties and against any obligor under any such collateral security,provided that Bank may,at its option,take action to enforce collection of all or any of the collateral security in its own name or in the name of any of the undersigned,and may in its discretion discontinue any such action,Any action with regard to the collateral security taken by the Bank as the undersigned shall reasonably request shall be deemed reasonable care but no omission to take any action not requested by the undersigned shall of itself be deemed a failure to exercise reasonable care.In no event shall Bank be required to take any action unless first indemnified to its reasonable satisfaction by the undersigned against all cost and expense that may be incurred in taking such action. E. SURRENDER OF NOTE.The surrender of this note.upon payment or otherwise,to any of the undersigned,shall not affect the right of Bank to retain the collateral security provided by the undersigned for any of the other Obligations.Bank may surrender this note and all remaining collateral security therefor,if any,to any one of the undersigned without liability to any of the other undersigned. F RELEASE OF COLLATERAL.Bank may,at any time or times hereafter,without notice,and without liability for so doing,surrender all or any of the property at any time held as security hereunder to any one or more of the undersigned with or without requiring a substitute therefor and without thereby releasing or in any manner affecting the obligations of any of the undersigned. G. REALIZATION UPON COLLATERAL.At any time after default on this note,Bank is authorized at public or private sale,or at any broker's board,to sell,transfer and deliver the whole or any part of said collateral security or any substitutes therefor or additions thereto in accordance with law,and with the right in Bank to purchase at any public sale free of any right of redemption by the undersigned,and,except as otherwise provided by law,to apply the proceeds of any such disposition by Bank to all or any of the Obligations of any of the under- signed,and interest thereon,after first deducting from said proceeds the reasonable expenses of retaking,holding,preparing for sale,selling,and the like,and the reasonable at• torneys'fees and legal expenses incurred by Bank.rendering any over-plus to the undersigned who shall jointly and severally remain liable for any deficiency. UNCONDITIONAL GUARANTEE For value received,the undersigned guarantors hereby jointly and severally:(a)unconditionally guarantee prompt payment payment of(i)the within note.(ii)all renewals,extensions,or refinancings of it,(III)all costs,including attorneys'fees,of collecting or enforcing the note,any renewals,extensions,or refinancings of it,or any collateral or security agreement securing the note or this guarantee;(b)waive presentment,dishonor,notice of dishonor and protest;(c)waive notice of and consent to(i)all extensions,renewals,or refinancings of the note,(ii)the release,composition,or discharge of any party or any collateral security,and(iii)application of payments from any source in such manner as Bank may think best:(d)agree that no invalidi- ty,irregularity,or unenforceability of all or any part of the liabilities hereby guaranteed or of any security therefor shall affect,impair,or constitute a defense to this guarantee:(e)waive all diligence required of Bank in collecting any liabilities guaranteed hereby or in realizing on any collateral securing such liabilities or this guarantee;(f)authorize Bank,at any time or times after the stated or accelerated maturity of the note,without notice or demand,to appropriate and apply toward the payment of the note,any indebtedness of Bank to any one or more of the undersigned guarantors,howsoever created or arising,including but without limitation to,any and all balances,credits,deposits,accounts or monies of any one or more of the under- signed;and(g)agree that nothing except cash payment of the within note or any other of the liabilities guaranteed hereby shall release the undersigned guarantors,or any of them. To secure this guarantee the undersigned guarantors hereby jointly and severally irrevocably authorize any attorney of any court of record to appear for them,or any one or more of them, in such court.in term time or vacation,at any time after the stated or accelerated maturity of the within note,and confess a judgment without process against them in favor of Bank for such sum as may appear to be due and unpaid thereon,together with interest,costs,and reasonable attorneys'fees.and to waive and release all errors which may intervene in such proceedings and consent to immediate execution upon such judgment,hereby ratifying and confirming all that said attorney may do by virtue hereof. (.4 O L7 (J L) N N N N N N N N N N Q'. (T A O N .. O (. C v tT (T A W N O (O m NJ O CO A (.) r,) O V m v O CT. A O N l m 1 , 111 O ;< 5. i Z Z 1 rn CO AL ' s CAFE & CREAMERY INSTALLMENT NOTE (Business Purpose) Date December l r ,19 Amount$ 46 +'783. 31 Due De-ember 1 ': ,19 Number Elgin,Illinois For value received,the undersigned(jointly and severally if there be more than one)promise(s)to pay to the order of THE FIRST NATIONAL BANK OF ELGIN(hereinafter,together with any holder hereof,called the"Bank"),at its offices at 6 Fountain Square Plaza,Elgin,Illinois 60120,in accordance with the applicable Schedule of Payments set forth below,the sum of ' Or ty Si X T}1 O i s i t C , ,i.!n ri r r+ri r i y b t y- Three and 31 /100 * Dollars,with interest thereon after date until maturity at the rate of * 0 * percent per year i>'f gWeX$lpj( * * p6b1idiy aerioanoeYi Srhrne coMMircital lending rate for.%Sho?t-te ljborkwing;<theYralteblf thin:r ote4to'chahge when and sV y"chafige 6d€i)uin said prime rate,and aftermaturXty,whether by acceleration or otherwise,until payment in full at the note rate stated above plus r per cent,together with all costs of collection,including reasonable attorneys'fees.All annual rates stated above are calculated on actual days elapsed based on a 360-day year. Schedule of Payments The undersigned agrees to repay this note as follows: (Equal Principal ❑ a. in consecutive ❑ monthly; ❑ quarterly; ❑ installments of loan principal in Payments) the amount of$ (except the last such installment,which,if different,shall be in the amount of$ ), together with accrued interest payments,beginning on ,19 (Level ❑ b. in consecutive ❑ monthly; ❑ quarterly; [7 installments of interest and principal Payments) in the amount of$ (except the last installment,which,if different,shall be the amount of $ ),beginning on ,19 (Irregular) (c. * $974. 65 tlunthly on the 15th, starting on January 15 , 1985 If the interest rate of this note is based on a prime rate,a change in that prime rate will change the payment amount of each payment that includes in- terest,except in Schedule b above,in which case a change in the prime rate will affect only the amount of the last payment. SECURITY.As collateral security for payment of this note, any extensions or renewals of it,and any and all other commercial liabilities of any of the undersigned to Bank whether now existing or hereafter arising(the"Obligations"),the undersigned pledge(s)and deposit(s)herewith,and grant(s)to Bank a security i tesest i (i pr operty roper y described as collateral in the Security Agreement, Trust Deed or other collateral instrument Assignment ut rurcnaser , Antere? . dated December ,19 ,in favor of the Bank as secured party and executed by the undersigned and/or other debtor(s),(ii)any other property which secures any of the Obligations pursuant to any present or future security agreement,pledge,assignment,mortgage,or other collateral instrument executed by any of the undersigned in favor of Bank,(iii)any securities,instruments or property of the undersigned which are or may at any time be delivered to or be in the possession of Bank,and(iv)any interest,income,distributions,dividends,proceeds,substitutions,additions,accessions or replacements of or with respect to the foregoing property. SET-OFF RIGHTS.Bank may,at any time or times hereafter,without notice,appropriate and apply toward the payment of this note,whether due or not, any indebtedness of the Bank to any one or more of the undersigned howsoever created or arising,including,but without limitation to,any and all balances, credits,deposits,accounts or monies of any one or more of the undersigned. Proceeds of Loan applied to LI Credit to A/c.No. _ f7 Cash [7 Cashier's Check No. [7 Renewal of Note No. ❑ Payee_ A�f sFE &.;C`REAMERY Signature of Borrower EVENTS OF DEFAULT.This note and any of the other Obligations shall become immediately due and payable,at the option of Bank,without any demand or notice whatsoever in the event that any of the undersigned shall(i)fail to make any payment when due of principal or interest on this note or on any of the other Obligations,(ii)become insolvent or unable to pay debts as they become due,make an assignment for the benefit of creditors,or file or have filed against the undersigned a petition for relief under any insolvency,receivership or bankruptcy law or any proceeding relating to the relief of debtors or read- justment of indebtedness,(iii)die or be adjudged incompetent,or(iv)cause or suffer conditions which cause Bank to deem itself insecure.Presentment,de- mand,protest and notice of dishonor are hereby waived.In the event of a default under this note or any other Obligation,the undersigned shall be liable for all costs of collection and realization on any collateral securing this note,including court costs and attorneys'fees. NONWAIVER.No delay or omission on the part of Bank in exercising any power or right hereunder on one or more occasions shall be deemed a waiver of or impair the exercise of that right or power on any future occasion nor shall it affect in any manner the exercise of any other right or power of Bank hereunder.The undersigned and all guarantors and endorsers hereby consent to and waive notice of the Bank's(i)extending of the time for payment or per- formance of any of the Obligations,(ii)modifying or waiving any of the terms of any security agreement securing this note,and(iii)compromising or modify- ing any of the obligations of any maker,guarantor or endorser of any notes,security or other obligation held as collateral security for this note. CONFESSION OF JUDGMENT.To further secure the payment of this note,the undersigned hereby jointly and severally irrevocably authorize(s)any at- torney of any court of record to appear for them,or any one or more of them,in court,in term time or vacation,at any time after the stated or accelerated maturity hereof,and confess a judgment without process against them,or any one or more of them,in favor of the legal holder of this note,for such sum as may appear to be due and unpaid thereon,together with interest,costs,and reasonable attorneys'fees,and to waive and release all errors which may in- tervene in such proceeding and consent to immediate execution upon such judgment,hereby ratifying and confirming all that said attorney may do by vir- tue hereof. Each of the undersigned also agree to the terms stated on the reverse side hereof and that the proceeds of this note shall be used solely for business purposes. • Address: Signature: • 43 Fountain Square Plaza W. Alan Berg Elgin, IL. 60120 ADDITIONAL TERMS OF NOTE A. ADDITIONAL SECURITY.The makers of this note(hereinafter"the undersigned")and each of them agree Bank may at any time or times hereafter call for the deposit of additional security whenever it deems the value of collateral security insufficient to provide an adequate margin of security with respect to the Obligations or whenever the Bank reasonably deems Itself insecure,and the undersigned and each of them agree,in either event,to Immediately deposit security satisfactory to Bank. B. COLLECTION OF COLLATERAL.Collateral security,such as interest.proceeds,dividends,or other distributions,may,but need not.be collected,received and held by Bank,and to that end Bank at any time or from time to time,whether Sny of the Obligations be then due or not,and at the expense of the undersigned,may on behalf of the undersigned,endorse checks, notes.drafts,money orders,instruments,or other banking items or evidence of payment and transfer into its own name or into the name of its nominee,on the books of the issuer,any or all of the shares of stock or other registered securities now or hereafter held as security for the above obligations,thereafter exercising,at its option,all of the rights of a registered owner with respect thereto. C. POWER OF ATTORNEY.The undersigned do(es)hereby constitute and appoint Bank the undersigned's true and lawful attorney with full power of substitution for the undersigned in the undersigned's name,place and stead;for the purposes of carrying out the provisions of paragraphs A-G hereof and taking any action and executing any instrument which-Bank may deem necessary or advisable to accomplish the purposes hereof,which appointment is irrevocable and coupled with an Interest. D. PRESERVATION OF COLLATERAL.The undersigned assume(s)full responsibility for preservation of the collateral security,including taking any steps necessary to preserve any right of the undersigned or Bank against prior parties and against any obligor under any such collateral security,provided that Bank may,at its option,take action to enforce collection of all or any of the collateral security in its own name or in the name of any of the undersigned,and may in its discretion discontinue any such action.Any action with regard to the collateral security taken by the Bank as the undersigned shall reasonably request shall be deemed reasonable care but no omission to take any action not requested by the undersigned shall of Itself be deemed a failure to exercise reasonable care,In no event shall Bank be required to take any action unless first indemnified to its reasonable satisfaction by the undersigned against all cost and expense that may be incurred in taking such action. E. SURRENDER OF NOTE.The surrender of this note,upon payment or otherwise,to any of the undersigned,shall not affect the right of Bank to retain the collateral security provided by the undersigned for any of the other Obligations.Bank may surrender this note and all remaining collateral security therefor,if any,to any one of the undersigned without liability to any of the other undersigned. F. RELEASE OF COLLATERAL.Bank may,at any time or times hereafter,without notice,and without liability for so doing,surrender all or any of the property at any time held as security hereunder to any one or more of the undersigned with or without requiring a substitute therefor and without thereby releasing or in any manner affecting the obligations of any of the undersigned. G. REALIZATION UPON COLLATERAL.At any time after default on this note,Bank is authorized at public or private sale,or at any broker's board,to sell,transfer and deliver the whole or any part of said collateral security or any substitutes therefor or additions thereto in accordance with law,and with the right in Bank to purchase at any public sale free of any right of redemption by the undersigned,and,except as otherwise provided by law,to apply the proceeds of any such disposition by Bank to all or any of the Obligations of any of the under- signed,and interest thereon,after first deducting from said proceeds the reasonable expenses of retaking,holding,preparing for sale,selling,and the like,and the reasonable at- torneys'fees and legal expenses incurred by Bank,rendering any over-plus to the undersigned who shall jointly and severally remain liable for any deficiency. UNCONDITIONAL GUARANTEE For value received,the undersigned guarantors hereby jointly and severally:(a)unconditionally guarantee prompt payment payment of(i)the within note.(ii)all renewals,extensions,or refinancings of it,(iii)all costs,including attorneys'fees,of collecting or enforcing the note,any renewals,extensions,or refinancings of it,or any collateral or security agreement securing the note or this guarantee;(b)waive presentment,dishonor,notice of dishonor and protest;(c)waive notice of and consent to(i)all extensions.renewals,or refinancings of the note.(ii)the release,composition,or discharge of any party or any collateral security,and(iii)application of payments from any source in such manner as Bank may think best;(d)agree that no invalidi- ty,irregularity,or unenforceability of all or any part of the liabilities hereby guaranteed or of any security therefor shall affect,impair,or constitute a defense to this guarantee;(e)waive all diligence required of Bank in collecting any liabilities guaranteed hereby or in realizing on any collateral securing such liabilities or this guarantee;(f)authorize Bank,at any time or times after the stated or accelerated maturity of the note,without notice or demand,to appropriate and apply toward the payment of the note,any indebtedness of Bank to any one or more of the undersigned guarantors,howsoever created or arising,including but without limitation to,any and all balances,credits,deposits,accounts or monies of any one or more of the under- signed;and(g)agree that nothing except cash payment of the within note or any other of the liabilities guaranteed hereby shall release the undersigned guarantors,or any of them. To secure this guarantee the undersigned guarantors hereby jointly and severally Irrevocably authorize any attorney of any court of record to appear for them,or any one or more of them, in such court.in term time or vacation,at any time after the stated or accelerated maturity of the within note,and confess a judgment without process against them in favor of Bank for such sum as may appear to be due and unpaid thereon,together with interest,costs,and reasonable attorneys'fees,and to waive and release all errors which may intervene in such proceedings and consent to immediate execution upon such judgment,hereby ratifying and confirming all that said attorney may do by virtue hereof. al (T A t.r A) -. O 4^ OD ...I Ci CP L L.) 1.) — O ID COV 01 UI A L.) A) -+ O CO ..I Dl (T A (J I - ( . _ - 2 >- e7 - , - - - 0 — 1 2 o T > 1 -C 2 -4 - N - m r l I ° T, SECJRITY AGREE21ENT (Chattel Mortgage) The undersigned, for value received, hereby mortgages to THE CITY OF ELGIN (hereinafter called the "Bank") , and hereby grants to the Bank a security interest in, the following property and all accessories , parts and other property now or hereafter affixed thereto or used in connection therewith (hereinafter collectively called the "Goods") : All equipment of the debtor of every description used or useful in the conduct of the debtor's business, now or hereafter existing or acquired; Including but not limited to the equipment as described in the attached Schedule A consisting of 16 page(s) , and all hereafter existing or acquired equipment; all accessories, parts and equipment now or hereafter affixed thereto or used in connection therewith; and all proceeds of any of the foregoing. Debtors right to dispose of the collateral is restricted by agreement with secured party. and all proceeds of any of the foregoing, to secure the payment of all obligations of the undersigned under any promissory note (hereinafter called "Note") evidencing any loan or advance made by the Sank to the undersigned, all obligations of the undersigned hereunder, and all other obligations of the undersigned to the Bank, its successors and assigns, howsoever created, arising or evidenced, whether direct or indirect, absolute or contingent, or now or hereafter existing, or due or to become due. All Notes and other obligations secured hereby are herein collectively called "Liabilities" . Until Default (as defined herein) , the undersigned may have possession of the Goods and use the same in any lawful manner not inconsistent with this Agreement or with ay policy of insurance on any of the Goods . The undersigned hereby warrants and agrees that: (1) to the extent, if any, it shall have advised the 3ank that any of the Goods are being acquired with any of the proceeds of any Note, such proceeds may be disbursed by the Bank directly to the sel'Ter of such Goods; (2) the Goods (except any thereof which prior to the execution of this Agreement the undersigned shall have advised the 3ank in writing consist of equipment normally used in more than one State) will be kept at its address shown below (or if any other location is shown with respect to any such Goods in the description thereof herein, then at such other location) , unless the 3ank shall otherwise consent in writing; (3) if any of the Goods shall consist of equipment of a type normally used in more than one State, whether or not actually so used, it will immediately give written notice to the 3ank of any change in the location of the chief executive office or the chief place of business of the undersigned, and of any use of any of such Goods in any jurisdiction other than a State in which the undersigned shall have previously advised the Bank such Goods will be used, and such Goods will not, unless the 3ank shall otherwise consent in writing, be used outside the territorial limits of the United States ; (4) it has , or forthwith will acquire, full title to the Goods , and will at all times keep the Goods free of all liens and claims whatsoever, other than the security interest hereunder; (3) no financing statement (other than any which may have been filed on behalf of the Bank) covering any of the Goods is on file in any public office, and it will from time to Jime, on request of the 3ank, execute such financing statements and other documents (and pay the cost of filing or recording the same in all public offices deemed necessary by the Sank) and do such other acts and things , all as the Bank may request, to establish and maintain a valid security interest in the Goods ( free of all other liens and claims what- soever) to secure the payment of the Liabilities , including, without limitation, deposit with the Bank of any certificate of title issuable with respect to any of the Goods and notation thereon of the security interest hereunder (and any carbon, photographic or other reproduction of this Agreement or of any such financing statement shall be sufficient for filing as a financing statement) ; (6) it will not sell, transfer, Lease or otherwise dispose of any of the Goods or any interest therein except with the prior written consent of the 3ank; (7) it will at all times keep the Goods in first class order and repair, excepting any loss or damage or destruction which is fully covered by proceeds of insurance ; (8) it will at all times keep the Goods insured against loss , damage, theft and other I• risks , in such amounts and companies and under such policies and in such form, all as shall reasonably be satisfactory to the Bank, which policies shall provide that loss thereunder shall be payable to the Bank as its interest may appear (and the Bank may apply any proceeds of such insurance which may be received by it toward payment of the Liabilities, whether or not due, in such order of application as the Bank may determine) and such policies or certificates thereof shall, if the Bank so requests , be deposited with the Sank; and (9) the Bank may examine and inspect the Goods or any thereof, wherever located, at any reasonable time or times . The Bank may from time to time, at its option, perform any agreement of the undersigned hereunder which the undersigned shall fail to perform and take any other action which the Bank deems necessary for the maintenance or preservation of any of the Goods or its interest therein, and the undersigned agrees to forthwith reimburse the Sank for all expenses of the Bank in connection with the fore— going, together with interest thereon at the rate of*per annum from the date incurred until reimbursed by the undersigned. * Highest lawful rate The occurrence of any of the following events shall constitute a Default (as such term is used herein) : (a) non—payment, when due, of any amount payable on any of the Liabilities or failure to perform any agreement of the undersigned contained herein; (b) any statement, representation or warranty of the undersigned herein or in any other writing at any time furnished by the undersigned to the Bank is untrue in any material respect as of the date made; (c) any Obligor (which term, as used herein, shall mean the undersigned and each other party primarily or secondarily liable on any of the Liabilities) becomes insolvent or unable to pay debts as they mature or makes an assignment for the benefit of creditors, or any proceeding is instituted by or against any Obligor alleging that such Obligor is insolvent or unable to pay debts as they mature; (d) entry of any judgment against any Obligor; (e) death of any Obligor who is a natural person, or of any partner of any Obligor which is a partnership; (f) dissolution, merger or consolidation, or transfer of a substantial part of the property of any Obligor which is a corporation or a partnership; or (g) the Bank feels insecure for any reason whatsoever. Whenever a Default shall be existing, all Notes and all other L_abilities may (notwithstanding any provisions thereof) , at the option of the Bank, and -:ithout demand or notice of any kind, be declared, and thereupon immediately shall become, due and payable, and the Bank may exercise from time to time any rights and remedies a ailable to it under applicable law. The undersigned agrees, in case of Default, to assemble, at its expense, all the Goods at a convenient place acceptable to the Sank and to pay all costs of the Sank of collection of all Notes and all other Liabilities , and enforcement of rights hereunder, including reasonable attorneys ' fees and legal expenses , and expenses of any repairs to any realty or other property to which any of the Goods may be affixed or be a part. Without limiting the foregoing, upon Default the Bank may, to the fullest extent permitted by applicable law, without notice, advertisement, hearing or process of law of any kind, (a) enter upon any premises where any of the Goods may be located and take possession of and remove such Goods , (b) sell any or all of the Goods , free of all rights and claims of the undersigned therein and thereto, at any public or private sale, and (c) bid for and purchase any or all of the Goods at any such sale. The undersigned hereby expressly waives , to the fullest extent permitted by applicable law, any and all noti-es , advertisements , hearings or process of law in connection with the exercise by the Bark of any of its rights and remedies upon Default. If any notification of intended disposition of any of the Goods is required by law, such notification, if mailed, shall be deemed reasonably and properly given if mailed at least five days before such disposition, postage prepaid, addressed to the undersigned either at the address shown below, or at any other address of the undersigned appearing on the records of the Bank. Any notice to the undersigned may, if there is more than one undersigned, be given to all of the undersigned care of any one of the undersigned selected by the Bank. Any proceeds of any of the Goods may be applied by the Bank to the payment of expenses in connetion with the Goods , including reasonable attorneys ' fees and legal expenses, and any balance of such proceeds may be applied by the Bank toward the payment of such of the Liabilities , and in such order of application, as the 3ank may from time to time elect. No delay on the part of the Bank in the exercisa of any right or remedy shall operate as a waiver thereof, and no single or partial exercise by the Bank of any right or remedy shall preclude ocher or further exercise thereof or the exercise of any other right or remedy. If more than one party shall execute this Agreement, the term "undersigned" shall mean all parties signing this Agreement and each of them, and all such parties shall be a jointly and severally obligated hereunder. The neuter pronoun, when used herein, shall include the masculine and feminine and also the plural. If this Agreement is not dated when executed by the undersigned, the Bank is authorized, without notice to the under- signed, to date this Agreement. The additional provisions, if any, set forth or referred to below are hereby made a part of this Agreement. This Agreement has been delivered at Elgin, Illinois and shall be 7,overned by and construed in accordance with the laws of the State of Illinois . Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. The rights and privileges of the Bank hereunder shall inure to the benefit of its successors and assigns . IN WITNESS WHEREOF, this Agreement has been duly executed as of the 15 day of December , 19 83 AL ' s CAFE & CREAMERY Address 43 Fountain Square Plaza alaihMee./e.-(1.Ei in , IL. 60120 g W. Alan Berg ADDITIONAL PROVISIONS OF AGREEMENT* NONE *If none, insert "None." .1,-. SC !LeDvL c-- A" CUSTAAME Al Barg CUSTOMER INVOICE GM-100 ' INVOICE NO. - �. . .JET.P.O.N0. _ SC/1iW INVOICE GATE Oct• 25, 198: { DATE ORDERED fly 25, 1983 epee Sons SALESMAN..,Cabe Magro i I CUST.BUS.PHONE ;•,.. Incorporated TERMS het 10 376 West North Ave.,Lombard,Illinois 60148 GUST.HOME PHONE Lombard 312•627.3550 • • • T T 7 Al's Ice Creamery Same 43 Fountain Square Plaza • SOLD TO Elgin, Illinois 60120 SHIP TO ,.r• L J L ITEM itiNO. • DESCRIPTION UNIT PRICE • MEM' $ 1,428 00 1 1 Ranges South Bend Modal 1303 to include * 6 burners • 1 oven * grill _ • _ • broiler • * casters * disconnect a 4' flex_ line • standard finish µ • 2 1 Convection Oven By Owner 3 1 Exhaust Canopy: Air lsa,star Systems unit to haves 2,005 00 • * 9' x 4' x 2'6" high , p' * 16 gal. ainted steel _ • * lights and filters . • insulated make-up air chamber 4 1 Exhaust Fan, EF-18 1 H.F. A 1,620 00 • 8" curb • supply fans ,,y• AS 12 , 1/2 H.P. * 8" curb . . , . 5 1 rise Protection System.; Ansul R-102-3 1,350 00 * wet system • • * to include hoo• d, duct, surface * protection for the following gas equip. * 6 open burners - ^ * grill and broiler • double convection ove• n Notes Includes Installation i Equipment Sub Total _ $ 6,403 00 Illinois State Sales Tax 5.25% 336 15 $ 6,739 15 Freight, Delivery, uncrating Settingin place of equipment ready for mechanical connection by others. 700 34 Total $ 7,439 49 1 v:% SERVICE CHARGE Equipment listed above shall remain the property of Schweppe&Sons until Invoice Is paid In full added to past due accounts which Standard manufacturers warranties shall apply to the above equipment unless otherwise stated is an ANNUAL PERCENTAGE RATE OF 18% • Y OUST.iAAME AlBarg CUSTOMER INVOICE INVOICE NO. GM-1(11 I • ::.JST.P.O.NO. INVOICE DATE Schweppe & Sons 3 DATE ORDERED ,July 25-, 1983 SALESMAN u _ ro CUST.BUS.PHONE Incoi oorated TERMS Net 10 378 West North Ave.,Lombard,Illinois 60148 • CUST.HOME PHONE Lombard 312.627.3550 • (- 7 Al's Ice Creamery g ame 43 Fountain Square Plaza SOLD TO Elgin, Illinois 60120 SHIP TO a. • L-. J L ITEM NO. OUAN. DESCRIPTION UNIT PRICE AMOUNT MEMO 6,7, 1 , Chefs Table: Randall unit to have: $ 4,985 00 8,9 * sandwich refrigerator * gas hot food table with faucet * waitress shelving * double overshelf with microwave shelf * heat lamp I s 5 year compressor warranty • * built in soup. units 20 1 Ice Maker: Ross Temp Model fRC-340-DD-W • • 3,480 80 4 * legs .. * 200 lbs. storage capacity • 350 lbs. capacity • * enamel finisk * water cooled * 5 year compressor warranty Equipment Sub Total $ 8,465 80 Illinois State Sales Tax 5.25% 444 45 Freight, Delivery, uncrating a Setting in place of equOdpment ready for mechanical connection by others. 700 34 • Total $ 9,610 59 1 1/2% SERVICE CHARGE Equipment listed above shall remain the property of Schweppe&Sons until Invoice Is aid In full 1 p added to past due accounts which Standard manufacturers warranties shall apply to the above equipment unless otherwise stated Is an ANNUAL PERCENTAGE RATE OF 18% CUSP.NAME AL Berg CUST( MER INVOICE INVOICE NO. GM-102 i ' CUST.P.O.NO _ Schweppe Sons INVOICE DATE Oct. 25, 19G DATE ORDERED July 11 19R3 SALESMAN Gabe Magro CUST.BUS.PHONE Incorporated TERMS Net 10 i 378 West North Ave.,Lombard,Illinois 80148 CUST.HOME PHONE Lombard 312.827.3550 7 i , Al's Ice Creamery Same 43 Fountain Square Plaza SOLD TO Elgin, .Illinois 60120 SHIP TO • 1 L .--1. L ITEM NO. OUAN. DESCRIPTION UNIT PRICE AMOUNT MEM it 1 Worktable • 3y Owner 12 1 Refrigerator - By Owner 13 1 Worktable 1 By Owner • ♦ d il 15 1 Dishwasher packages Jackson Model10-3t • • $ 4,387 00 to have: * Model 1OAD dishwasher , . * `Lw shaped soiled and clean dishtables * booster heater . * pre-rinse sing with ,spray * rack shelf ' * left to right operation , . 16 1 pot Sink: Advance Model #9-3154-18R to have 666 00 • 16 x 20 bowls * 18" R.H. drainboard * R230faucet with 14" spout 17 1 Wall Shelf: Amao Zinc Pzotoxx ccitedlwire shelf: 39 00 * (2) 12-48zPsH shelves • * (2 pair) WSi212P wistll brackets 18 1 Hand Sink, Advance Model 17P8S0 with faucet 130 00 19 1 Lot of storage shelving: Amen zinc protoxy To be deterxined coated wire shelving 22 1 Coffee Maker, Bunn Model SP to have, 213 00 • pour over operation - - * 3 warmers_ 1 i 1'/x%SERVICE CHARGE Equipment listed above shall remain the property of Schweppe&Sons until invoice is paid In full added to past due accounts which Standard manufacturers warranties shall apply to the above equipment unless otherwise stated 1 is an ANNUAL PERCENTAGE RATE OF 18% I *-- GUST.AAME Al Berg CUSTOMER INVOICE INVOICE NO. GM-102 Age 2 of • .CUSI.P.O.NO!, Sch w e e & P ons 2 INVOICE DATE Qnf. 25, l a _ DATE ORDERED July 25, 1983 SALESMAN (a ha MAUro i CUST.BUS.PHONE Incorporated - TERMS 378 West North Ave.,Lombard,Illinois 80148 ?Ott 10 OUST.HOME PHONE - . Lombard 312.827.3550 I Al's Ice Creamery S, , iSOLD TO • SHIP TO . • • L J L i ITEM NO. QUAN. DESCRIPTION UNIT PRICE AMOUNT 1 MEMO 1 1 23 2 . Malt Mixers Hamilton Beach 1 Sprindle Model 341 $ 139 00 $ 278 00 25 1 Lot of Ica Cream Equipment w By Owner • 26 1 Lot of Seating To be detarrined 27A 1 Fountain & Ice Bin for Waitress Stand 250 00 I28 1 Coffee Makers `Bunn Modal SP to have: . 213 00 * pour over operation. _ 29 1 Ice Cream Dipper 1,160 00 1 Equipment Sub Total 6 7,336 00 Illinois State Sales Tax 5.25Ik 385 14 Freight, Delivery, sear tang q Setting in place of .. , equipment ready ,for mechanical connection by others. 700 34 Toltal $ 8,421 48 I 1 /2%SERVICE CHARGE Equipment listed above shall remain the property of Schweppe&Sons until invoice Is paid in full added to past due accounts which Standard manufacturers warranties shall apply to the above equipment unless otherwise stated is an ANNUAL PERCENTAGE RATE OF 18% ' CASH REGISTER SERVICES INVOICE No. t„,(3,1 ? ? .. ., .. 3300 N. Harlem Ave. INVOICE DATE 11/3/tV',. Chicago, IL 60634 CUSTOMER NO, Phones SALES Sub:455-5555 City:545-3748 SOLO TO SHIP TO x. )1'- CL-..r.- in '.'n)lr,f,n ",(i i'l:1—, r - i 1. (0120 742-11V0 ..)olivur liriday 11/4/t3 YOUR ORDER NO. OUR ORDER NO. DATE SHIPPED SHIPPED VIA FOB ROUTING TERMS , ..c, QUANTITY QUANTITY UNIT AMOUNT ITEM DESCRIPTION ORDERED SHIPPED PRICE DUE . , . . Qne Casio :360E. serial i/' , • :i ' ' '' lij) 6 4 (...:,.•( . , ' . I , I I 1 1 .41(i'50•U0 7 .‘ Less credit on trade in . , , . (1\ I ' ./ ',' 0 •,\C., s/tax , 1, , . i 7 54,25 29.25 . . , . Optional clerk key ,I• 4.10:1 valid.ate key'-and program register . i : ,„.VC 90 days 'r:uarantee one year 'warranty on i , 1 i parts • , Terms: Net 30 days, 2% per month' interest will be added or all past due invoices Above merchandise remains the property of Cash Register Services until paid in , , ' • - , ,. • ,. , .. i . , . 4, •: • • . • ' . • • II!VOICE DAVID S. GRONIK & COMPANY, INC. ! Auctioneers — L;quidators — Appraisers 1212 W. VENTURE CRT. MEQUON, WI 53092 PHONE: (414)273-7144 or 352-5050 .7 ., '7 /y 7 /! DATE 47- (-t,/, /y • 4-- - • SOLD TO . •-. _ ((? (::: C_� Y" 7.�r.' �-l.M1.—,�% ,� :7 /� ✓'' '/L4.. • . 3, r.,.c • LOT NO. QUANTITY DESCRIPTION/ UNIT PRICE ' AMOUNT re I ✓i ice••..C./. [/•. I.1--I.�i J V 0 11 _. 0.c- �-r a-i-.,i�.-„,•. t._.:.40"1-� -,-- ".---.1;•s--•', lI -✓ ct 1' n :.mil:J 4 r "�`/ r:... ,. . , • - �.i f f %;+�...,,✓ + .. t/��` Ic`-'�Ir s iI(�1 ��4:r _l.,I,r, c1�.. �.v , Y ,) - +� -jr: ( /1.. e..in.e. Yam' .w.... ' rs'. //� / -Y ck • , --- --.r► - .--...`l`„.7‘.. J1.7 7.. 4, .J I h"r„) .----.Vy.. V - ..• . .,,,5!r v ... t.., .v ../' t-Y. -'-1 ri- '.. 4�..-4.,,..-•v- .,.. . , ,�;, C _.-- r::.sl G.4:�.•.�-, _i...., — ,4` �' 4C•, t-!:8.fJJ % :.�/1''' /-;f._:1 .i i ! —...-- i,C)i — .4= ; _ • TERMS OF SALE: ithis;s a o._,brc Auc :a^„c'aF x.Ito Sala e4. a.cr ,a-y.E^ ir-”aa Vehicles, Tooling or Any Other items purchased at this Public Auction • Calc aro c::iiy z ald AC IS.W-EPE!S.THE AUCTIODN:Eta .i1.WES NO WA P,y.11T I OR GUARANTEE. EXPRESSED OR IMPLIED AS TO MERCHANTABILITY OR FITNESS . AC-TO ITCI.'C D_t1:C ;OLD. Cu :r a:l;nlvi'_e'r:c tt\at he hce3 tnaoeet.d tiV. item(s)which he has purchased and accepts the same AS IS,WHERE IS. , F. J. BERO &' Co., Inc. Heating • Plumbing • Industrial • Residential 1829 Weld Road P.O.Box 806 Phones:741-8140,741.8141 Elgin,Ililnole 80120 PROPOSAL Mr. Al Berg TO: St. Charles Ill II June 8, 1983 ___I RE : Plumbing proposal for Al' s Ice Creamery, Elgin Ill. Description of Work: We propose to furnish the labor and material for your "ice Creamery" restaurant in Elgin, all as necessary to provide a complete plumbing system, meeting all applicable cpdes . Following is a scope of our bid proposal: Waste & Vent piping - PVC plastic Water piping - Type M Copper Sprinkler piping in basement storage room 1 Gas piping ,,, , Plumbing fixtures - (2) floor mount, tank type, water closets (2) wall hung lavatories with faucets Grease trap - Zurn Z-1170, size 500 - 20 G. P.M. - 40 gal. grease cap. ,/Hot water heater - State Sandblaster SB-75-75-E commercial gas water heater Plumbing connections to equipment furnished by others City of Elgin plumbing fee Hole cutting as required Sales tax For the sum of $ 8, 189.00 Work Not Included: Patching of walls, ceilings or floors Pipe insulation Sani,tary District fees . i ACCEPTANCE Respectfully submitted F.J. BERG & CO., Inc. Name Date By Please endorse&return 1 copy as accepted SALVAGE ONE ,.1., .� :..� � ARCHITECTURAL ARTIFACTS INVOICE :;; , 1524 SOUTH PEORIA STREET DATE E... j .....c2 3 CHICAGO, ILLINOIS 60608 jJ / (312) 733-0098 FOB-SALVAGE ONE 1 ! /1 WAREHOUSE 1c),_0 ,-/th,,,, c,- i -t.i /--- ,....:> ,, ft, h TERMS-NET CASH , ..-. 0 t 0(-1 od).-7 -‘ acoiuD f , V.,_ P-F- SI�-S5 ('20 1 e LiL(I�� l3F-a, LL,. wof (14 QUANTITY ITEM UNIT PRICE AMOUNT / . ( C 6L,F c" C') 4 t 7907) . f ; ---)./\ Douçz'S GAc--is 2-2s 22ST i_1 \..... . ....P 9/2- (2U k(s% C &U' 7Cam-(ES 4 O [\‘ " ( G6D,,,up, (), 45 - -,„T„-,, ,V ,,, , . ,. , . I ....."(y,....._ ._. PAID C ,,...1:2_ 5 , ALL SALES FINAL- NO CASH OR CREDIT REFUNDS Buy More ELGIN WHOLESALE CORP. INVOICE For Less No. F 7 8 5 3 9 520 McBRIDE ST. „ I'��ZGK /a fi<NPJZifOlfe rI TELEPHONE ELGIN, ILLINOIS 60120 LUMBER • BUILDING MATERIALS • PLUMBING 741-5866 a� ELECTRICAL • HARDWARE • PAINT • PANELING Sold To ' L - C J y Acct. No. Date Address -� 1 C` Ship to: DC QUAN. SIZE LENGTH MATERIAL DESCRIPTION FEET PRICE AMOUNT CC Y-3• 2?) • ti u RECEIVED THANK YOU FOR LETTING US SERVE YOU MDSE. y) RECEIVED SALESMAN PAYMENT IMPORTANT! READ REVERSE SIDE FOR TERMS OF SALE • ,/ I . AMERICAN SODA FOUNTAIN EXCHANGE SODA FOUNTAINS - CARE ONATORS - DRINK DISPENSERS 455-57 NORTH OAKLEY BOULEVARD treir° CHICAGO, ILLINOIS 60612 PHONE SE. 3-5000 �Or Date -/ O SOLD L -S G E (X'�i°-,-'-A' cc SHIPPED l27/1ie. c /Z / v TO / 3 /--"oci-,)-779iti' �' /-7i°,-.fJ TO Q Jam% L L , 4'114- -- 7 y.2 - / U `f 6 o/.- a S7-6/ivies .Sgy-,3-/g o i T-- \ 3 ,891-.13 -"T/v' (9of s� 61i/27` / /.2 '1 �i�: / .5 .�c�'�cA.J, AA-I-5 , /y/ S-?v. /raP7-- 9'Leo , �x �y o 0—,�z_ • ,31.V. 'c'6 </f /7-Z,S, 7— Akio /GcG (" i 1 /'.- -7— tt)z__E-E-i- c--)/ j _.- 1 r a STATEMENT 1 .:i i . 46,,t_. C . . J .7 /(.. 1•••-/ r"••••••?. '.'.: '.::'..,,, -:,.....Prit.'1.:•;:li I I ANTIQUES ANO DECORATION = 1 P•°+' `ZJ O 121WEST STATE STRE •ET (� �f �• J GENEVA.IL 60134 [31212320552 l cam'' • } y `-ram 3 i. , 357 76) 1,' 6' /9K , �� / ���.t /moo , 7�7( 7� (---? 44/ 4 }• t; 1 f j! • 1 / I P?,r4 tllajslw ilvybJ �}�i}e5 er k-)-0 t-'4 �-�.fib •vsL�� r , q r x�, 4 . xcl }'¢�y`1 -4bR� k.04'x ' �t 2 , �" "�y {=F' a "�. f x ,�t1•�+t A� r 1 f r"'Rt t-,,y ht' l�4. i��y,f -,, `' �! ki y- :�t..+.jA A�'. TT•7 4, A„i'of tic •, Wes- `;S'y E C y !'r ti °r,il4 '�,` :;.i,:,... I:4'1' ii,:irtA,,-- t ///,/`/� x11. 'f"-!';, .r„' is%r.y�yl r• .4 '" 4' t'tk�y.,� `+ma, eitie vim��tI,, , ,Oi:. •�'�lt.."eT'1' 'S' a• r A d ' c• .A++ . n,,. -F •. + ' ' _ , 4 e z s ,< give ▪VAN b rt ° . 4v..' s t4' 5 r .r.h,v ...1,�4�- � r 4A\yp+ u -' #' n:`` 7- * 4,4" i' w,"k •e" \ ' uiM t a . y � t yp ,":„.....::::;N: ,.:71M'il-.71/41-r...i.C':': �l ,`9��a1 K F yNm df�-)D• p •V;:, .r.� ,...1.‘:•; :','A-••.:6:-..,...i: .4'''::::!:: ''''.,. ..:: n ► Q m' t I• i.,:N ,ti..,,ostilt, x �,b ; i � j � mm • 'n8 j ,,./ 4144- , i , . ........ , . a M> t:i ft3 WI" 33 Klt?.._ :-•.' rxy , ,ti iy1 v sf tea m-1 r11:F t y, ,• O ' • Le Z. 1 ,., ‘;'1..iii•:17.44/.:11.: .: 3 Y • .. 4 f. 4 •-`u. •,•S:c•.S-"fa.:c,c,:d1..�.rv�s:t. .1- ...'•..tL -.. •' ,..... rw-atiti3i+Yai i.+� l�d•,yp�..7ty�i ram. - M 6�ty� �g i . aziu p...tf c‘ifs 121 WEST STATE STREET tttt GEO. GRAFF STRIPPING GENEVA,IL 60134 ' 1 Rt. 31 • (312)232 0552 ; * So. Elgin, III. 60174 ,i .;f�i/tiPues/anal�nnmt/�// ' PH. 741-7607 . . . - - i ! Customer OIL RQ(S Date/0 if?!Y7 ---& 113 r r- Address �h '^ S u6� 7 3 - f d' t,[,yv� I Phone No. 74/a - �� O 0 "- ,L,/. ....-,.....g5,,o:a;,.4.....:a• - i Ouanity Description Price Amount Vf,a- /.0' 1 i -- s 2 Aso�� L DETACH/AND MAIL WITH YOUR CHECK. �{ '_ YOUR CANCELLED CHECK IS YOUR RECEIPT. { Pc,. ✓ tej13 (�( "t(. / j Pu � i� ,y-- c . l (,..Z9&,11aat '.,-,2 'eg/P%V e e , _ .,,,,„,,. I 1 elytil ^ 141 )1 4 -2- 1 .... ,„ ..., ,„,,,, 7_,,. ,A.,„,, ,14A,,,,,,.. A _,‘ • I 0/I c4 i /‘ Ig'&11,MdZ-1 . ' - • ' e, 0 ,-;-' ,;t:‘ 0 -,. ' '' . _./ i A ! 1 X-2 , , . . -, re , p-\ \ ____ • . 42 Y,�.1� i o A_________L__ /4 6 7. '3/fes( 1 eeLVOP - ., '+ -.-%\f SY-" i V•! 1 /�� �� f r HOURS: MON.—FRI. 8-4 • r ,4 ' SAT. 8-12 i WE DO NOT USE HOT LYE TANKS 4 " / Z•9 PAID BY CHECK NO. t • J I38 ERNS, D CONDITIONS . i . 1. GRAFF STRIPPING (hereaft� GRAFF) warrants that all labor provided shall be in accordance with methodtgenerally accepted in the industry. GRAFF DATE /22 /C c� in no way can guarantee that dtt-* nt, stain, oil, watermark, scratch or any other material can be removed romny item. GRAFF, without cost to the cus- NAME - tomer, will cure anydefects in woinanshipnot caused as a result of any :mot misuse, abuse or negligence of cusCr, for a period of 120 days from date `���� �y` �YY ?LLB�'° i Y- I ADDRESS, of completion, provided customer g notice of any such defect within 10 `days !!�' 9 - /�of the appearance thereof and perminspection by GRAFF. GRAFF MAKES NO /' tL'' �/�,e )-�eu4 / •X-<(' "' REPRESENTATION OR WARRANTY; EXPR ' 5 OR IMPLIED; AS TO MATERIALS USED `�jjj SOLD BY CASH G.O.D. CHARGE ON ACCT. MOSS. PAID OUT R PROVIDED. THE WARRANTIES CON'[ INED IN THIS AGREEMENT ARE IN LIEU RETD. lit ALL OTHER WARRANTIES, EXPRESS ' R IMPLIED, ARISING OUT OF OR IN CON- NECT1ON WITH SERVICES PROVIDED'•b' THE USE OR PERFORMANCE_OF ANY PRO- DUCS GRAFF EXCLUDES ALL OTOR RRANTIES, EITHER EXPRESS;OR IMPLIED, OUAN.® .µt,tDESCRIP$ION: yX K" IMbUN?ti; INCCVD1NG BUT N T LIMITED TO THOSE OF MERCHANTABILITY-AND FITNESS FOR A PARTICULAR PtRFOSE.�ND.-ACCEPTS NOs.WARRANTIC_-QRUP11TlDN_.QTHER,l1AN__-; 1 �/ f� r c� -`mOST: 74GItEED TO IN THIS FINAL EXCLUSIVE AND COMPLETE STATEMENT OFp C ' `�'�j �' y L'/C_ CL AGREEMENT. _ ,t 1.Pr ,. C 2 C� �-.F3 c T CI OC) •2. GRAFF shall not be liable for any delay in or failure to perform or \r 3 (= /il V-,J „C' oc deliver, or for any damage arising therefrom, due to acts of God, or public authority, labor disputes, delay by carriers, shortage in materials, delay by q ^ suppliers or other causes beyond its control. In no event shall GRAFF 'be �' 1�O ��y V �- �`� ) liable for consequential or special damages arising out of delay In or failure 5 7` '' L... of delivery, defects in materials or workmanship, or arising out of a breach ) , by it of any other term or obligation under this contract. 6 - 7 : ) )_ 3. GRAFF shall use all reasonable care to protect and preserve property 7 -, ,� of customer from loss or damage and shall be liable for any-.such loss or • damage resulting from its negligence or the negligence of its agents and ser= 8 }�cG ��e0 vants. GRAFF shall not be liable for any loss or damage caused by theft, 14 V S vandalism or fire not resulting from its negligence or from an act of any 1-_,1 9 (t public enemy or an act of God. r 10 4. No returns, allowances or refunds shall be made for custom ordered , material or on any orders that have been altered to meet customer's specifics- 11 tions. • • 5. Customer hereby agrees that in the event customer shall be in default 12 on any payments or sums due hereunder, customer shall pay any and all rea- CUSTOMER'S ORDER NO. I REC D BY sonable .attocney.�s fees and costs incurred by GRAFF to secure payment thereof. 6. Customer shall remove anproperty belonging .to customer upon corl'¢ '� KEEP THIS SLIP FOR REFERENCE pletion and shall pay a storage fee of One ($1.00) Dollar per day for any p ) perty not removed after 30 days from date of completion. Customer further ! 5H 527 Redifprm f agrees and authorizes GRAFF to sell, convey or otherwise dispose of any pro- perty remaining in its possession ?0 days after completion due to customer's _ failure to remove the same, and customer shall reimburse GRAFF for any costs and expenses incurred in disposing of said property. GRAFF shall have the right to apply any monies received from the disposal of said property on ac- i count, for storage, or any outstanding indebtedness due it by customer. Cus- tomer further agrees to reimburse GRAFF for all charges and expenses incurred 4 for any check or checks returned for insufficient funds in Customer's account 1,- or closed account. 7. This agreement constitutes the entire agreement between Customer and GRAFF with respect to the subject matter hereof. No representation, statement or provision not contained in this agreement shall be binding upon GRAFF and this agreement shall not be modified or amended unless by writing executed by parties hereto. • r i rL .DATE 17 F3 6. 1 WAIllir _ ; 4 !"--.,40`. .4r- .ad SOLD BY CASH C.O.D. CHARGE ON ACCT. METE. PAID OUT AMOUNT,;;: 14 +,.,6 %1DESCRIPTIONLt,3; ,.�. •� QUANs . ,4 , J J 1 r- - 1 WirgallarialliNA glailainigallAMC'a)• 0111011""liglill.1101 .. ....'.' --• i ✓,FIIIIIIMINIMMINIE . 1'-) m 'ZINIIIIIIIMIIIINIMNli CUSTOMER'S ORDER NO. REC'D ET KEEP THIS SLIP FOR REFERENCE 5H 527 Redifprm a I - • 1 . \� (%Ct i f , —4 • c , ,a-s4.' . 1 , -. �' C7'' cl, '6 ,__k. 7. ..t&--- ...;. , ,.:, ,..., , , ....... , . • . ,..,4 , r., \ F , \ c - ...:‘ i \NI A...4 ...,_ ., s__,‘, ,cssi,`r..• t4 i"--- . r , ••••Ct.'" • 'WEIGAND LUMBER COMPANY Iv ' WEIGAND LUMBER COMPANY 701 CHURCH ST_—P. O. BOX 217 701 CHURCH ST:=P: 0. BOX 217 ' - WEST CHICAGO, ILL., 60185: ' WEST CHICAGO, ILL., 60185' Phone(312)231-2570 ; Phone(312)231-257 DATF / ^ 19 D. DATE '� 6 19 • ACCOUNT ACCOUNT _ ' REG.NO._CLERK FORWARDED '� i ` REG.NO. CLERK FORWARDED 2 .f / oerh as R- 3 SO . .• 2 .e y� 7x U'`" : 4 g r � p •3. a� f✓ { 3 ! I 57 d , 5 5 6 s i 6 - _ _ , • • r 9 I 9 10 _' 10 .. ' II ` 11 12 {2 13 ..1 19 , . 1d Id — IS • ' IS YOUR ACCOU 9fl►TED TO DATE. IF IN ERROR,REfURN w1 ONCE. ° YOUR ACCOU TED TO D1TE. IF IN ERROR,RE(URN AT ONCE. 1 , ❑ mil/opal ba lace y A GENUINE CALIFORNIA REDWOOD QUALITY MAPLE 0 ncaat,�c—hilt lace CI e76144 tl a au4(04 lute ❑ tie kalrvcid lace ORDER DATE UPHOLSTERED FURNITURE SOLID HARDWOOD MAIN OFFICE: PINE DRAWER 1168, ►ENDLETON,ORE,97801 _276-1421 BRANCH OFFICES: P.O.BOX Ill•HAMBURG.PENN.19526 P.O. BOX 346-LOW,CALIF.95241 - P.O.BOX S•ONTARIO, CAUF.91761 P. O.BOX 146-SPANGLE.WASH.99031 P.O.BOX 1367 •VALDOSTA,GA.31602 ' P.O.BOX 231 •GENEVA,ILL 60134 P.O.BOX 636-CLEBURNE,TEXAS 76031 700 N. MAIN ST. HUTCHINSON,MINN.S5350 - I.O.BOX 191 _WATSONVILLI, CALIF.95077 GASTON,OREG.97119 25S S.W.42nd ST.-LOVELAND,COLO.80537 P.O.BOX 54_WEST BROOKFIELD, MASS.01585• I 2732 WYMAN 0R. S.E.•AUBURN,WASH.98002 • I.O.BOX 340•COLUMBUS,WS.5392S P.O.BOX 437-CICERO.INO.46034 P.O.BOX 20•TRANQUILITY, N.J.07679. •_ I NAME AND STOR 71 -26) N V . E CITY-STATE Tag.67T-ZIP 168-72) _ --- «� - - ._ CUSTOMER NO. 173-78) LOC_CODE T 179-80) 0 •• NAME AND STORE NO. 12-26) - - — ADORESS(27-48) y:7.q » . p i �i t TCITY-$FAT (i9-tw Z1PT68-72) CUSTOMER NO. f73-78) LOC.COOS 179-eol O, - FREIGHT AMOUNT$ SLM. SLM. 2 FREIGHT l ; ;;; v;t 4j y{F{IPFjrVIA ' \ r';. ''CR-GO S}ORUdlY SHIP. DATE SLFT% TERMS DB`l MOlOURCN ORDER MO. CUSTOMER NO LOG CO 2-6 7 8 9 tO 9611-13 k ;},>° T "" 43iLo,"ht' 1 41X 43 44-484E 49I 50- 56-57 58-60 61 73U 73.78 79-80 ' ' 3 A iC v1 tr n y - nw r1 A x ' - TRADE DISC: BR.;_ xi:PRICE PURCHASE ORDER CUSTOMER LOC- PRICE -'µ:•';OESCRIPTIOM ,' �,a ,' ,QUA1V-z IT NO. .t1R. 1 2 3 NO.'. LINE •-'.CODE NUMBER NUMBER CODE 2-6 7-1011u� 14-32 33-37 38-42 43 ••-S♦i-T•se s•-SS 57 SS"ioirl] 64-66 67-72 73-78 79-80 t>a 0*.e)0 4 • 6 c . i - _ MERCY.UUGtS£ R�r.'E''/ED� • 'IA--100I1.1 00EP - _ - -- --- - -- .r LEGAL MAXIMUM ANNUAL INTEREST NO ANTICIPATION DISCOUNT ALLOWED CHARGED ON ALL PAST DUE ALL MERCHANDISE SHIPPED F.O-B. FACTORY BUYER EQUAL OPPORTUNITY EMPLOYER ACCOUNTS. NO RETURNED MERCHANDISE ACCEPTED WITHOUT PREVIOUS WRITTEN AUTHORIZATION I CUSTOMER COPY • (!s