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HomeMy WebLinkAbout89-0317 Butler MORTGAGE. • THIS INDENTURE made lfi('�dl?, 19 c , between Micheal Butler and Deborah AL•aut _His Wife • herein referred to as "Mortgagors" , and the City of Elgin, Illinois , a Municipal Corporation, herein referred to as "Mortgagee" , witnesseth: THAT , WHEREAS , the Mortgagors are justly indebted to the Mortgagee upon the note of even date herewith, in the principal sum of Twen_ty_two t_bousand and no/100 Dollars ( $ 22,900 ) , payable to the order of and delivered to the Mortgagee, in' and by which note the Mortgagors promise to pay the said principal sum as specified therein. NOW, THEREFORE, the Mortgagors to secure the payment of the said w principal sum of money and such other amounts as may be due and owing under- said note , in accordance with the terms , provisions and Q limitations of this mortgage, and the performance of the covenants and agreements herein contained, by the Mortgagors to be performed, and also in consideration of the sum of One Dollar in hand paid, the receipt whereof is hereby acknowledged, due by these presents CONVEY C AND WARRANT unto the Mortgagee, and the Mortgagee 's successors and assigns, . the following described real estate and all of their estate , N right, title and interest therein, situate, lying and being in the City of Elgin, County of Kane and State of Illinois, to- witi ° -- _ -- Tft ' .i_� 1 rb LL • See Attachment A made a part hereof O 6 6 5 O ), • . Commonly known as : 259 - 261 Kimball, Elgin, IL 60120 which, with the property hereinafter described, is referred to herein as the • "premises" , TOGETHER with all improvements, tenements, easements, fixtures , and appurtenances thereto belonging, and all rents , issues and profits thereof for so long and during all such times as Mortgagors may be entitled thereto (which are pledged primarily and on a parity with .said real estate and not secondarily) ' and all apparatus, equipment or articles now or hereafter therein or. thereon used to supply heat, gas , air conditioning, water, light, power, refrigeration (whether single units '.or centrally controlled) , and ventilation, Including (without restricting the foregoing) , screens, window shades, storm doors and windows, floor coverings , inador beds, awnings , stoves and water heaters. •All of the foregoing are declared to be a part of said real 1 • 6:52 1966503 5 0)3 estate whether physically attached thereto or not, and it is agreed that all similar apparatus , equipment or articles hereafter placed in the' premises by Mortgagors or their successors or assigns shall be considered as constituting part of the real estate. TO HAVE AND TO HOLD the premises unto the Mortagee, and the Morgagee's successors and assigns , forever, for the purposes, and upon the uses herein set forth, free from all rights and benefits under and by virtue of the Homestead Exemption Laws of the State of Illinois , which said rights and benefits the Mortgagors do hereby expressly release and waive. THE MORTGAGORS HEREBY COVENANT WITH THE MORTGAGEE AS FOLLOWS : 1 . Mortgagors shall ( 1 ) promptly repair, restore or rebuild any buildings or improvements now or hereafter on the premises which may become damaged or be destroyed; ( 2 ) keep said premises in good condition and repair, without waste, and free from mechanic 's or other liens or claims for lien not expressly subordinated to the lien thereof; (3) pay whendue any indebtedness which may be secured by a lien ..or charge on the premises superior to the lien hereof , and upon request exhibit satisfactory evidence of the discharge of such prior lien to the Mortgagee ; ( 4 ) complete within a reasonable time any building or buildings now or at any time in process of erection upon said premises; (5) comply with all requirements of law or municipal ordinances with respect to the premises and the use hereof; ( 6) make no material alternations in said premises except as required by law or municipal ordinance. 2 . Mortgagors shall pay before any penalty attaches all general taxes , and shall pay special taxes , special assessments , water charges, sewer service charges, and other charges against the premises when due, and shall , upon written request , furnish to the Mortgagee duplicate receipts therefor. To prevent default hereunder Mortgagors shall pay in full under protest , in the manner provided by statute, any taxes or assessments which Mortgagors may desire to contest. •3 . Mortgagors shall keep all buildings or improvements now or hereafter situated on said premises insured against loss or damages by fire, lightning and windstorm under policies providing for payment by the insurance companies of moneys sufficient either to pay the cost of replacing or repairing the same or to pay in full the indebtedness secured hereby, all in companies satisfactory to the Mortgagee, under insurance policies payable, in case of loss or damage, to Mortgagee , such .rights to be evidenced by the standard mortgage clause to be attached to each policy, and shall deliver all policies , including additional and renewal policies , to the Mortgagee, and in case of insurance about to expire, shall deliver renewal policies not less than ten days prior to the respective dates of expiration. 4. When the indebtedness hereby secured shall become due whether by acceleration or otherwise, Mortgagee shall have the right to foreclose the lien hereof . In any suit to foreclose the lien hereof, there shall be allowed and included as additional indebtedness in the decree for sale all expenditures and expenses which may be paid or incurred by or on behalf of Mortgagee for attorney's fees, appraiser 's 2 U665U3 • fees , outlays for documentary and expert evidence, stenographers ' charges , publication costs and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches, and examinations, title insurance policies, Torrens certificates, and similar data and assurances with respect to title as Mortgagee may deem to be reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the premises. All expenditures and expenses of the nature in this paragraph mentioned shall become so much additional indebtedness secured hereby and immediately due and payable, with interest thereon at the highest rate now permitted by Illinois law, when paid or incurred by Mortgagee in connection with (a), any proceeding, including probate and bankruptcy proceedings , to which the Mortgagee shall be a party, either as plaintiff, claimant or defendant , by reason of this mortgage or any indebtedness hereby secured; or (b) preparations for the commencement of any suit for the foreclosure hereof after accrual of such right to foreclose whether or not actually commenced; or (c) preparations for the defense of any actual or threatened suit or proceeding which may affect the premises or the security thereof . 5 . Upon or at any time after the filing of a complaint to foreclose this mortgage the court in which such complaint is filed may appoint a receiver of said premises . Such appointment may be made either before or after sale, without notice, without regard to the solvency or insolvency of Mortgagors at the time of application for such receiver and without regard to the then value of the premises or whether the same shall be then occupied as a homestead or not, and the Mortgagee may be appointed as such receiver. Such receiver shall have power to collect the rents , issues and profits of said premises during the pendency of such foreclosure suit and, in case of a sale and a deficiency, during the full statutory period of redemption, whether there be redemption or not, as well as during any further times when Mortgagors , except for the intervention of such receiver, would be entitled to collect such rents , issues and profits, and all other powers which may be necessary or are usual in such cases for the protection, control, management and operation of the premises during the whole or said period. 6. The Mortgagee shall have the right to inspect the premises at all reasonable times and access thereto shall be permitted for that purpose. 7 . Mortgagee shall have the right to declare the full balance due and owing under the note and shall have the right to foreclose hereunder in the event Mortgagors are in default under any terms contained in said note. 8 . Further , in the event Mortgagors shall place said premises for sale and shall sell the same prior to the expiration of 10 years from the date hereof, the remaining balance due and owing under said note may be accelerated at the option of the Mortgagee and the same shall constitute an event of default hereunder thereby permitting Mortgagee to foreclose upon said premises . 3 1 96503 3 . r ' .1 , ATTACHMENT A 4 • PARCEL ONE: 11 OF PROPERTY DESCRIBED AS: THAT PART OF LOTS 18 AND 19 OF PHINEAS J. KIMBALL'S JR. SECOND ADDITION TO ELGIN AND THAT PART OF SUB LOT °B° OF E. W. VINING'S SUBDIVISION DIVISION LOTS 13, 15, 16 AND 17.OF P. J. KIMBALL JR.'S SECOND ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SUB. LOT '8°, 12.92 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID SUB. LOT °R° AND SAID LOT 19, 66 FEET; THENCE SOUTH 0° 27' WEST 75.7 FEET; THENCE NORTH 89° 14' EAST 78.9 FEET; THENCE SOUTH 0° 56' WEST 56.7 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 18 WHICH IS 26.0 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 18; THENCE EAST ON THE SOUTH LINE OF SAID LOT 18, 26 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 0° 16' WEST ALONG THE EAST LINE 'OF SAID LOT 18, A DISTANCE OF 60 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SUB. LOT °B°, 12.92 FEET ; THENCE NORTH 0° 16' WEST A DISTANCE OF 72 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL TWO: AN EASEMENT AS CONTAINED IN DEED DATED APRIL 15, 1953 AND RECORDED MAY 26, 1953 AS DOCUMENT 724890 MADE BY MAX ROSENGARDEN AND LILLIAN ROSENGARDEN, HIS WIFE, TO DAVID E. DINGEL ET AL AS FOLLOWS: AN EASEMENT OVER A CONCRETE DRIVE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 10; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 19. 53.08 FEET FOR THE PLACE OF BEGINNING; THENCE SOUTH 0° 77' WEST ALONG THE WEST EDGE OF A CONCRETE DRIVE 75.7 FEET; THENCE NORTH 89° 14' EAST 8.0 FEET; THENCE NORTH Il° 27' EAST ALONG THE EAST EDGE OF THE CONCRETE DRIVE TO A POINT IN THE NORTH LSINE OF, SAID LOT 19, 8.11 FEET TO THE PLACE OF BEGINNING, SAID EASEMENT HEREINABOVE EXPRESSLY, RESERVED BY THE GRANTORS HEREIN TO BE A PERPETUAL JOINT EASEMENT FOR THE PURPOSE OF A DRIVEWAY TO BE SHARED BY, AND FOR THE ENJOYMENT OF THE GRANTORS HEREIN, THEIR GRANTEES. SUCCESSORS AND ASSIGNS. AS THE OWNERS OF THE REMAINING PORTIONS OF SAID LOTS 18 AND 19, JOINTLY AND TOGETHER WITH THE GRANTEES, SUCCESSORS AND ASSIGNS; AND ALSO A PERPETUAL JOINT EASEMENT OVER AND ACROSS THAT PART OF LOT 18 OF SAID PUINEAS J. KIMBALL'S JR. SECOND ADOIIIOR TO ELGIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 19 OF SAID P. J. KIMBALL JR.'S SECOND ADDITION TO ELGIN; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 19, 53.118 FEET; THENCE SOUTH 0° 27' WEST, 75.7 FEET FOR A PLACE OF BEGINNNING; THENCE. CONTINUING SOUTH 0° 27' WEST, 10 FEET; THENCE NORTH 89° 14' EAST. 28.9 FEET; THENCE NORTH 0° 56' EAST 10 FEET; THENCE SOUTH 89° 14' WEST 28.9 FEET; THENCE NORTH 0° 59' EAST. 10 FEET; THENCE SOUTH 89° 14' WEST 28.9 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, SAID EASEMENT HEREBY GRANTED TO BE A JOINT EASEMENT FOR THE PURPOSE OF A DRIVEWAY TO BE SHARED BY AND FOR THE ENJOYMENT OF THE GRANTEES HEREIN, THEIR GRANTEES, SUCESSORS AND ASSIGNS, JOINTLY WITH THE GRANTORS HEREIN, THEIR GRANTEES, $JICCESORS AND ASSIGNS, AS THE OWNERS OF THE REMAINING PORTIONS OF SAID LOTS 18 AND 19 OF ?HINEAS J. KIMBALL'S JR. 'SECOND ADDITION TO ELGIN, SUBJECT AGREEMENT RECORDED MAY 26, 1953 AS DOCUMENT 724892 RELATING TO LATERAL SUPPORT FOR THE WALLS OF THE GARAGE LOCATED ON PREMISES IN QUESTION. - -1". •f•-•.1::, 711,- 11 1 1 r- I 9 6 6 5 0 3 12!",.! -7 Pi \-P RCE 1 9. Mortgagors agree that this mortgage shall remain a lien upon the title to said premises for a period of 10 years from the date hereof. 10. Mortgagors further covenant and agree that they shall comply with and perform all terms and conditions of the certain Elgin Rental Rehabilitation Program Agreement entered into between Mortgagors and Neighborhood Housing. Services of Elgin on or about this date. In the event Mortgagors shall fail to comply with or perform any of the obligations required of them to be performed under said Agreement , then. the remaining balance due and owing under said Note may be accelerated at the option of the Mortgagee and the same shall constitute an event of default hereunder thereby permitting Mortgagee to foreclose 'upon said premises . IN WITNESS WHEREOF, this mortgage has been duly executed the day a - year firs above written. 40 CINF - ' / __----- --------____ __ -- 4116 -.WI ANSI State of Illinois) ss . County of piezdiff I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that –PE8e '4'A7' personally known to be the same person_ whose name, , ,ezL subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that -hg y signed, sealed and delivered the said instrument as 77'/ ,E' free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and official seal this _22_ day of ..,Z2eZ 1922. Commission expires __ _ _ ,e /2 ;% 2O _ Nota y1 Public This instrument was prepared by �rUdr�- `�leSl /©4jai Get i�ic`tl titre c _ (Name and Addzzess) ,/ I !ei4h4o,i10 ,d aitiS i dt(Gr 6:4 �llf. . Mail this instrument to: • I "OFFICIAL SEAL" • AI e LJ ( OOr� S.41. �'�/�Pf_ 2. % 1 Lewis John Craft {�' "-��-' .-'- -_ — Notary Public,State of Winois (Name and Address/ n �, ut l Q /(.1? I 0_41 . _ • • � dr( 1p 01.7_0 My Commission Expires March 16,1990 (City) (State' 7 4 1966503 1 10-29-11-5,12-91 ;SLATE OF ILLINOIS 190UNTY OF KANE IN THE CIRCUIT COURT FOR THE 16TH JUDICIAL CIRCUIT. KANE COUNTY,GENEVA.ILLINOIS FIRST FEDERAL OF ELGIN,F.S A.. RK-A FIRST FEDERAL SAVINGS Ir LOAN ASSOCIATION OF ELGIN. • Plaintiff K M8I4AEL R.BUTLER,DEBORAH • A.BUTLER.HOME FEDERALS AV- INGS 8 LOAN ASSOCIATION OF• I ELGIN.CM OF ELGIN,GEORGE MEYER, as trustee, ANNETTE MEYER,as trustee.WILLIAM C CHESBROUGH. PERSONAL FI- NANCE COMPANY, VINCENT S. COOK. FRED M MORELLI, VIL- LAGE Of SOUTH ELGIN, ANNA WSTASI, UNKNOWN TENANTS. BNKNOWN OWNERS 6 NON RECORD CLAIMANTS,Defendants B O CH KA'91 296 Judge James F.ouetsc NOTICE BY PUBLICATION Ilotrce is given you.Michael R Butler,Annette Meyer,as trustee, *known tenants,unknown own- ers 8 non record claimants,de- lendnats,that this ase has been commenced in this cart against lou and other defendants,asking for the foreclosure of a certain Mortgage conveying the premises described as follows,to-wit that part of Lot 18 of Phineas J ball's Jr.Second Addition to Elgin, described as follows commencing at the North East corner of Lot 19 d P.J.Kimball's Jr.Second addi- Yon to Elgin;thence West along, the North line of Lot 19 of Phineas J.Kimball's Jr.Second Addition to I 81gin a distance of 5308 feet; i thence South 0 degrees,27 min- Nes,0 seconds West 75.7 feet for the pant of beginning; thence ; North 89 degrees, 14 minutes 0 seconds East 28.9 feet, thence South 0 degrees, 56 mintues,0 seconds West 56.7 feet to a point in the South line of said Lot 18; which is 26 0 feet West of the !South East corner of said Lot 18, I thence West along the South line Id said Lot 18, 106 feet to the .South West corner of said Lot 18, j thence North along the West Ise of said Lot 18;56.70 feet to a point 9.30 feet Southerly of the �North West comer of said Lot 18: and thence Easterly to the point of Ibeginnirg, in the City of Elgin, Kane County, Illinois. Commonly known as:233-235 Center Street, Elgin, Illinois 60120 and which said mortgage was made by. Michael R Butter and Deborah A Butler,Mortgagors to First Federal Savings and Loan Assoaahon of Elgin Mortgagee,and recorded in the Office of the Recorder of ; Deeds of Kane County,Illinois,as y¢'•- ...,.,,;_� Document no. 1910272;and for other rebel.Unless you fib your { ' answer or etherwsie file your cep- parence m this case in the Office of Clerk of this Court. Jan E.Carlson,Cork of the Court 100 S.Third SL,P.O.Boa 112 Geneva,Illinois 60134 on or before December 2.1991 a Adgment or decree by default may be take against you for the rebel asked in the complaint Witness,October 17th,1991.Jan Cason Clerk of the Carat Cart ;PIERCE 8 ASSOCIATES Attorneys for Plamtdf, Twelfth Floor, 18 !South Michigan Avenue,Chicago, Illinois 60603.Tel(312)346-3766 !DuPage Co. Atty Code 66295; Kane Co,.Atty Code 02205173; PA911421 •0-99 '_Circuit Court of Kane County tan Carbon,Chcuit Cleft( ;s ' .f 3. t,s . ,t • `b a Box 112 • Geneva, IL 60134.0112 -s� r.,''v �'s, .i,•' telephone 232-3413 �`t . Attn: Phone Case No. 7C5/4699(00.....Ati ..-94--r----'‘ o.../., Qiitii Q......6,,,ift.j l so ,� '