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05-213Resolution No. 05 -213 RESOLUTION RATIFYING THE EXECUTION OF AN ASSIGNMENT AGREEMENT FOR A REAL ESTATE CONTRACT (279 N. Spring Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies the execution of an Assignment Agreement for a Real Estate Contract by Olufemi Folarin for the acquisition of 279 N. Spring Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 13, 2005 Adopted: July 13, 2005 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ASSIGNMENT AGREEMENT This Assignment Agreement made and entered into this 24th day of June, 2005, by and between Wade Meyer and Mitch Kofsky (hereinafter referred to "Assignors ") and the City of Elgin, a municipal corporation (hereinafter referred to as the "City "). WHEREAS, Assignors have previously entered into a real estate contract as buyers for the purchase of the property commonly known as 279 N. Spring Street, Elgin, Kane County, Illinois, a copy of such contract which is dated May 17, 2005 being attached hereto as Exhibit A (such property is hereinafter referred to as the "Subject Property" and such contract is herein referred to as the "Subject Contract "); and WHEREAS, the Assignors and the City have agreed to enter into this Assignment Agreement whereby the Assignors will assign to the City all of the Assignors rights, title, interests and obligations in and to the Subject Contract pursuant to the terms and provisions of this Assignment Agreement. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Assignors hereby assign to the City all of the Assignors rights, title, interests and obligations in and to the Subject Contract. The City hereby accepts from the Assignors all of the Assignor's rights, title, interests and obligations in and to the Subject Contract. Upon the entry into this Assignment Agreement it is agreed and understood that the Assignors shall have no further rights, title, interests or obligations in and to the Subject Contract. 2. That concurrently with the entry into this Assignment Agreement the City shall pay to the Assignors the total sum of $17,500. 3. That the Assignors hereby represent and warrant to the City the following: (1) That the copy of the Subject Contract attached to this Assignment Agreement as Exhibit A represents a full, accurate and complete copy of the Subject Contract, including, but not limited to, all attorney approval attachments thereto. (2) That the Assignors have previously paid an earnest money deposit in the amount of $1,000 pursuant to the Subject Contract. The parties hereto agree that upon entry into this Assignment Agreement, that the assignment of the Subject Contract from the Assignors to the Assignee shall include the City having all rights to and the benefit of such $1,000 earnest money deposit. (3) That the Assignors are not in default under the Subject Contract and that they have no knowledge of any current defaults under the Subject Contract. (4) That other than the Subject Contract and this Assignment Agreement the Assignors have not entered into any other agreements regarding the Subject Property nor have otherwise encumbered title to the Subject Property. -2- 4. That concurrently with the entry into this Assignment Agreement the Assignors shall provide to the City a copy of the appraisal the Assignors have obtained for the Subject Property. 5. That nothing herein is intended nor shall be construed as prohibiting the payment of a real estate commission to the Assignor's selling agent Daniel and Associates as set forth in the listing agreement for the Subject Property dated , 2005. 6. This Assignment Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF the parties hereto have entered into and executed this Assignment Agreement on the date first written above. CITY OF ELGIN, an Illinois WADE MEYER AND MITCH KOFSKY municipal corporation Y A R WADE MEYER MITCH KOFSKY P: \Legal Dept \Agreement \Assignment Agreement -279 N Spring.doc -3- JUN -25 -2005 02;49 CENTURY 21 GOLDEN 8474269099 P.02 05/19/2005 19:55 6302318090 DANIEL AND ASSOC R E PAGE 02 95/17/2995 20:19 E3P,a314920 DAtuI'HL 4ND ASSOC P. E PAGti 02 MULTI -BOARD RESIDENTIAL REAL F,STATE CONTRACT 3.6 1 1, THE_PARTTPS: Buyer and sailer arc hexrinafrer referred to as the "Pantos"• 2 3 Buytr(s) 4 5 2—T11Y�1MA,_ '' 6 agrees t9 convey R 9 10 11 I2 13 14 15 ll 22 23 24 Z9 26 27 29 79 30 31 33 3A 35 36 37 3g P 3 �J a9 ll 41 42 43 1 47 48 49 50 51 52 33 54 •nocr Real l:staw :hall be dedlncd to include the Real Esr24 and all irnmvcrnenrs thareon. Seale: or to By er's desigewed p r�a1ntee the Real E��e--taurr�w�i h iha gpgrJtrmre lot sip or acreage — commonly known is. Address Chy S are 7Jp County Unit 0 (if appliubW Permaasnt Index Number(S) Of Real Estala Condo /Conp/Tcwhhome Parking Space included: (check type) _¢eedad space; unlaced common olemcnC _ utigned; Perking space P (insert nuirtbcr) 3 F TURFS AND P1gRSONAL PROFERTYc All of tit, Fixtures And perponol propertysrated heren ate owhedby Seller and to Seller's knowledge are in operating condition on the Date Of Amepcance. unleu ocher mse sl «led fiarnin. Seller agrees to rr,nsfer to Buyer all futures, all hearing. ciectrieal, plumbing and well S IMS W011er with the I owing items of personal property by Bill of Sale at Closing: (Check or Enumerate ¢pplicable items) etrl5�ensn• �1/1�Tatked Derma Crtreung _F�eplare 5=msnbirtllnorGllGr °rel e) _ ccmrrl 1;r CorA'lrtonlnt — Uen/Ranarjsw•c w;ndew'rrslmenw Je titrdrrare _ Fireplaac Gm Lop Eleclrenie er Meem alt ylleer M�cra�a•e ma in ar AiWeMelakl�laa �Efid;inr Swrna66ett:A5 �fealml MurelSlfiot _Dich�arMr malt netedtani" Sxuriry SynernGl l+w�ajl v,na 1Santh7 _oWgle oliro;sl Cell; n6 Pae(=i _lnrceom syll — Ovidosoneacr (owtcdt _C=nfl V:rr ac o ;,Maas Omr4d As, _Trdeh CnnD• +eia Rruan. SY�li ; ¢xrxd Grs Grill _ Wxhet ,neaW nit Caneit ioAdr( }l 6tearunlc Con ;c Doar Opentrt*1 _Drrar piun,Cd Vese,u"A `. W"_T�nma,Ppr Nemc Wa+�aiytF yaRbt _ eniellite DO And 9y}em _ tnv�¢i6�c Kee_* S -tam. celt.il9 anU Box _ Qtha items included; Itoms NOT included: Sell warrants to Buyer that ail fittu3li. systems and personal property included in this Contract shall be In operating Condition it pniscasion. except: A system or item shall be deemed W ire in oper ing eonditior tE It perform, the function for which it i6 intend* regardless of ego, and does net constitute a threat la health er�afety. sltall be po follOwsanitia! 4. UR�CHASEP _RIC�:Purch`yrsePriceo(S b (chcctc) Q(caih), or (note due ort� s earnest money of 5 20�_, The earnest 20r) to be rntseascd to a to cal of 5 by Monty and the original of this Contras shall head by the [rstina Company, as isaotownt in oust for the mutual beneft of the Partlo9 The balecce of the Purchase Prim. a, adjusted by proratlons. shall be paid t Cldosing by *Le transfer of funds, or by certified, cashier's, mortgage lendei s or "'it Company's check (pro eompanv's check is guararne d by a licensed title insurance ccmpary). 5 b10RTOA CQj`l2TNGENCYI This Contract is contingent upon Buyu obtaining an onLroditan o efarre mongar c Army ant (except for maners of title 2mrl n,rvey or matters totally within Auti conUO tut of betb h _ loti% fare Cos xr' (type)loanof ��`� lesser amou4y*r dots to tak�e,Plus private mortgage insurance (7141), if required. rtes {;stalest rue (ntGa1 tale, if applicable) shall not Qxccrd G_, °� pet annum amartit9d aver not lass thaw ycejT• Buyer shall pay loan Mato n g t 'r rs r o loan *mount. Seller shall pay loan crigin0tioh fee a ur t s u . polnIF �� t e oast oi�fers/points oommiteed to by Buyer shxli bo applied first. Buyer shall pity t h usual and cuslotn*ry pt of fePS Closing costs charged by lender. Of FHAfVA, m z to Paragraph R36 for additional provisions.) Buyer Shall make v ;+fin 1� +P7�won witltin i<vc (Si buairess days after the pate of Acceptance. Failure to do so shall constitute an act of default under this Cantroct If Buyer, having applied for the loan specified above, is unable to obtain a loan commitment and Serves written notice to Seller within the time spec'i£ied. this Contract shall be null and void and ea.•ncet money reftl to $fryer upon wnttcn direction of the parties ro Escrowee. If wrhtan notice is not serYPA Within the time speoGed, Buyer shall be deemed to have eut,jved this contingency and this Contract shall rkretaln in full fortt4 and efreot. Unless otherw lo' provided rp herein, this Contract shill not be eontjngamt upon the sale andlar stating of Enye['q eaiajiO6 condition in the mort¢1ge eormnitMeni, requiring stair andlor closing Of existing Tell '* -s to Shan wnot ^aee d rnl*. EXHIBIT A JUN -25 -2005 02:49 bt/lu /2ddb 19:55 CENTURY 21 GOLDEN 6302318030 DANIEL AND ASSOC R E uur +tai Af•W g5yy,lu I; E 8474269099 P.03 PAGE 93 PAGE 83 57 wilt aecapt a purchase money, mortgage upon the same terms, this Contract Shed, remain to fYt11 force and effect 58 In such event, Seller shall notify Boyer within Fan (5) business days after Buyer's notice of Seller% electloo to 59 Qroyide or abtain such financing, and Buyer shall furnish to seller or tender 211 requested information and shell 40 sign all papers necessary to obtain the mortgage commitment and to close dhe loan. 61 6. CLOSII(G- Closing or escrow payout shall be on —1 C 2 , or at such time 62 mutually agreed upon by the Parties in writing, Closing shall lake place at t�e eohf! mpany escrow OMce situated 63 9c09raph`c4y torrent the Real Estate, or as shall be agrrxd ctutually by the Pattleg. 64 7. POSSESSION: Possession shall be t=Mcd to have been delivetad when 34ty has vacated Real Estate and delivered 65 fceys to Reel Estate tc Buyer onto Liating Of6cc Seller shall deliver possession to Buyer u thwtims of Closing. 66 8 RFSIpENTTAL REAL ESTATE AND LEAD BASED PAINT D15CLOSURFB: If applicable, prior to signing 67 this Contract. Buyer [check one] ❑hat (2�= out received a completed Illinois gesidential Rea] Property Disclosure 68 Report; [check onm_ Dhas %� s'not received the EPA Pamphle4"Proaa Your Family From lid in Your Hofie "; 69 [check eaej[�tns tea not received a Lead -Bascd Paint Discieaurt. 70 : PROR TIONSc Protatable stems shall include, without limitatlon, ca s and deposit: (if any) (tom termer, t,'tilltics, 71 water and sewer, and homeowarl or condominium assoctauo gas. Seller ret?men3,zat as of the Daw of Acceptance 72 Homeowner Association Ccndominiur fees are 3_ T per . Sal let agree: to lmy prior to or 73 at Closing any special 815r4smena (governmental of assoc&cn) conf rmed pf or to Dare of Acceptance. The general 74 Real Fatate Mom shall be prorated as of ci e date of Closing based on of the most recem aseerralnable full 75 year = bill. All proratiers shalt be final as of Closing, except as provided in paragraphl7. If ,are amount of the most 76 recent ascenkable tax bill rcrccts a homeowner, se„dor citizen or other exemption, Seller has subnriuce or will submit 77 Iq a timely manner all necessary dodutntentatien to the Assessor's Once, before or afw Closing, to preserve said 78 exemphon(s). Accumulated mscrvcs of aHomeownar /Condominium AmocidGon are not a proratable item. 79 jQ_OLER PROVISION& This Contract is a $a subjCCt to case OPTIONAL PROVISIOKS selected for use and 80 initialed by the Parliea w ate contained on the succeeding ages and following arongmenls. if any: 81 ���a 3t c�tt Q 32 L P O SIO AL I cCTIbHi Buyer may secure at Buyer's expense (unless otherwise provided by 83 governmental requladorts) a horn radon. environmental, Icpct•bmd paint and/or lead -based paint hazards (unless B4 scpararaly waived)., and/or Wood insect infestation inspection(.,) of said Real Estate by one or more licensed or ceRifcd 85 inspection service(s). Buyet shall serve written notice upon Sailer or Seller's attorney of any deferu disclosed by the 8 tospC tion(s) which are unacceptable to buyer, together with a copy of the pertinrnt paga(s) of the repon(s) within five 8 ti+ricss days (ten (10) calendar days for a lea6o"ed paint and/or lead -based paint, hazard inapcctian) after Ante Of 88 Acceptance. ff written notice is not garyad within the time specifiedt this pro on shall be deemed waived by 89 Parties and this Contract shall remain in full force and effere. IF within i s emusiness days After Date of 90 Accepranee, written agreement cannot be reached by the Partles with respect to resolution' of ltupoetion legne5, then 91 either Party may terminate this ConMl by written notice to the other Party and this Contract shalt be null and Vold 92 and earnest money refunded to Buyer upon written direction of the Parties to Elicrowee. The home inspection shall 93 cover only major components of the Peal Flute, including but not limited to. central heating System(a), Central cooling 94 Vsmm(s), plumbing and well system. elmrical syseon. roof, walls, windows, ceilings, floors, appliances =ltd 93 foundation. A major component shall be deemed to be in operating condillor if it performs he function for which it is 96 intended. regardless of age, and does not constitute a threat to health or safety. Buyer Shall indemnity Seller and hold 97 Seller harmless from and against any loss or damage caused by the acts or negligence of Buyer or any person perfanning 98 any imeccion(s). Buyer agrees minor repairs and routine maintenance i.tams are not a part of this contingency. 99 72, ATTORNEY AEMEW, The respective auerneys for the Paniee may approve, disapprove, or malts modificadom 100 to this Contact, other than stated Purchase Price, within five r5) business days after the Dare of Acceptance. 101 Disapproval or modification of tbis r.,ontraet shall not be based solely upon Stated Purchase Price, Any nonce of 102 disapproval or proposed modificmicn(s) by any Party shall be In writing. if within ten (10) business Gaye after Date of 103 Acceptance wtiac4 agteerneru on proposed modificanun(s) cannot tx reached by the Parties, this Contract shall be 104 null and void and earttrst money refunded to Buyer upon written direction of the Parties to Esaowre, if written 105 notice is not served within the time specified, this provision shall be deemed waived by the Parties and this M6 Contract shall remain in full forte and effect 107 13, PLAT OF SURVEY: Not less lhan one (1) business day prior to Closln;, except where the subject property is a 106 candaminium (see Paragraph 2Tl Shccr shall. at Sclier's expertrc. furnish to Buyer or his altarney a Plat of Survey dated 109 tint mart than six (6) rit"s prior to cite dam of Closing, preparrcd by an lltlnols ptofftoonal Land surysyor,,abowirng Buyer fnirial Seller !Wirral T Seller initial Page Z or 4 JUN -25 -2005 02:50 U. /Ia /Ajljo 17: OD CENTURY 21 GOLDEN bJtlL3l dv'yo vd ir.�yU JJ :, DAN1tL AND ASSOC R E D411EL Avp A650C R E 8474269099 P.04 PAGE 04 PAA 04 110 any encroaohrname, moasurotnents of all lot lines, all easements of record, l lldieg set back Ilros of record, fences, all I I I building; and other improvemeroa on the Read Fstdre and diSlercas therefrom to the neatest two lot )Ines. In addition, the 112 survey to be provided shall he a bauhdary surrey conforming to the current requirements of the Illinoi, Depormcnt of 111 Professional Regularion. The survey shall show all corners staked and Ila)W or otherwise monumenied. The survey 114 shall have the following Statement prominently appearing ear the profealonar land surveyor seal and signature; 'This 115 proWssional service confomts to the currnl Illinois minimum standards for a boundary survey." A Mortgage Inspection, 316 as defined, Is not a boundary survey, and does not sgt!SfL the necessary requirements. I ! 7 ld._iv01aC1C: All nod= required shall be in writing and shall be served by one Party or his attorney to the other Party 118 or his aftorncy. Notice to Any one of it multiple Person Party shall be sufficient notice to ail. Notice shall be given in the 119 fallowk;g manner 120 (a) By personal delivery of such notice; or 121 (b) By mailing of such notice to the addresses recited heroin by regular mall and by earafied mail, return recclpt 122 requested, Except as otherwise provided herein. notice 4mved by certMed nail shall be effective on the date of 123 mailing; or 124 (c) By sending facsimita it ;nsm;sslan_ Noucc shall be effective of of date and timc of facsimile transmission. 125 provided That the rotict: transmitted shall be soot on business days during business hours (6:04 A.M. to 6:00 126 P.M. Chicago time). In the event fax notice is transmitted during non- burincss hours, the effective date and time 127 of notice is the first hour of the first business day after transmi3sion; or 128 (d) By sending a -rail transmission Notice shall be effective es of date and time of eo-mall transmission, provided 129 that the notice transmitted shall ba sent on business days during business hours (8:00 A.M. to 6:00 P.M. Chicago Iii) Time), end provided turther that the recipient provides written ackr awledgment to the sender of ceceipt of the 131 transmission (by e-mail, facsimile, or by regular mail) In the event email notice is transmitted during noa� 132 bdsioess hours, the effective date and time of notice Is the fir9r hour of the first business day after transmission. 133 1S. -IN ,M£PD' Seller shall convey or cause to be conveyed to Buycr or Buyer'r designated grantee good and 134 merchantable title to the Raw Estate by recordable general W-Srranty Deed with release of homestead rights, (of the 135 appropriate deed if tide ;e in trust or in an estate). and with real estate tfwfcr stamps to be paid by Salter (unless 136 otherwise designated by local ordinance), Title when eenseyed will be good and merehanyhle, subjecl only to' genetal 137 real estate taxq not due and Payable at the time of Closing, covenants, rofU1430 a, and resvictlons of roenrd, building 138 lines and easements, if any, so long as they do not interfere with the current use and enjoyment 7f the Real Estate 139 0, TITj E: At Seller's expense, Seller Will deliver or cause to be delivered to Buyer or Buyer's attorney within 140 customary time limitatiorts and sufficiently in edvance Of Closing, as evidence of ride in Heller or Grantor, a GUe 141 commitment for an ALTA title insurance policy in the amount of the Purehsse Prier with extended coverage by a title 142 cotnpony licensed to operate in the State of Illinois, issuad on or subsequent to the Date of Accepbmec of this Contract. 143 subject only to items listed to Paragraph 15.7he requitement of providing axmnded coverage shall riot apply if the Real 144 Estate is viant land. The eornmrtmpni: for rile insurance fumishod by Seller will be conetuslve evidence of good and 145 mer>=hannble title as :herein shown, svbjaet only to the itamptions'eheretn sued. If the tide r_8mmiitment d3xclesm 146 unperr.-Arod excaptivns, or If the Plat of Survey shows arty sec vachmenrs which are not acceptable to Bayer, then Seller 147 shall have said exceptions or ercmachlneats removed, or have the title insurer commit to insure against loss or damage 1413 that may ba caused by such dxceptions or encroachmm:s. ff Seller fails to have unpermlned exceptions waived or title 149 insured over prior to Closing, Bayer may elect to talta the title as it then is. with the right to deduct from the purchase 150 Price prior encumbrances of a dermire or aswiainable amount Seller shall furnish Buyer at Closing an Affidavit of 151 Tldc covering the data of Claeine, and shall sign any od cr customary forms required for issuance of an ALTA Insurancr 152 Policy, 153 Z. Mel, EaA-1E .911 T,AESCROW: In the event t,1e Real Estate is improved, but has not been 154 prtviously taxed for the entire year as currently improved, the surf of Three (3) per:ertt of the Purchase Price shall be 155 deposited in escrow with the title company with the cast of The escrow to he divided equally by Buyer and Seller and 156 paid at Closing. When the exact amount of the taxes prorated under this Contract can be ascertained, the taxes shaft be 157 prorated by the Mitt's atromcy at the request of eid:cr party, and the Seller's shire of;uch tax liability Af1Ar tt:prOMtion 118 shall be paid to the Buyer from the escrow funds and the balance, if arty, sltail be paid to the Seller. If the Seller's 159 obligation after such reproration exceeds the arroanr at the escrow fund,, Seller 39=5 to pay such excess promptly 160 upon demand, 161 19. PERFOLMAAf — Time is of the essence of this Contract. In the event of default by Sellcr or Buyer, dle Parties 162 arc free w pursue any legal remedies at law or in equity. The pravall!ng Pany it,, lidliationnshha'll be entitled to aollcct EBuyer tniria! Buyer lrtirial SeIIEr jnitlal Seller InUiel Addvcss�_'!y Pale 3 of e JUN -25 -2005 02:50 CENTURY 21 GOLDEN 05/18/2005 13:55 6302319090 DANIEL AND ASSOC R E 8474269099 P.05 PAGE 05 - - wucarooao D*IEL ANp ASSOC R E PAGE 05 163 masdtrahle atrotney fete and mete from the losing Party st ordered by a court of aarp,peranr jurisdfcdon. Thera shall be 164 no dishurg -=m of a cat monry unless Fscrowee has been providod sniaen agreement from Sailer and Buyer. Absera 165 ands with tth ccck o the disbars ahenc of eamast money within a rensonabie period of tint. FJ=Wtc may deposit 166':funds with Ne'Cleck of he CJrouit Court by the filing of an aetien in the nature of IAterpinder. Fsafhvee shall be 117 roimbumd from the earnest money for all costs, including reasonable anomry fees, related to the filing of the 168 nicrpleader action Seller and Buyer shall indemnify and hold Escrowee, harn4am from any, and am rca5cc g claims ipa 169 and demands arbing ondet this paraptL 170 19. 0 I k K A ATE PRIOR TO Q: Ir prior to delivery of the deed, rba Real S^aato shall be 171 destroyed or materially dannaged by rite or other casualty, or the Rce Estate is ctican by condemradep, thca Buyer shall M have the option of burrunsting this Ceattatt and receiving a teNnd of earnest money or of wr -apdeg the Real Estate as 173 damaged or detttrMytd. topther with the proceeds of any imurance payable as a rains of rise damrevon or damage. 1i4 wh� pis &!let agrees to assign to Buyer. Seller stall not be obligate( to repair or replace damaged 17S imptwoments• The provisions of Elie Uniform vendor and Purha_rer Risk AU of the State cf Dlinofs shall be applicable 176 MM ontract ezcept as Rhod tied in Nis paragraph. . 177 ? EI# REPRESENTATIONS Seller rcprsicn a that he has not tree vet written notice from ally DoveMINTItal 178 liomcowtsu Assaiation of (z) Zan rag, Dupd rag, fur or health code dolor ors chat have o0t bean cotroeted; (b) 179 ing rezoging or (c) a ptnpoted areonfumxl epee a! asscssmertt and rot special sery ee eret affecting the Real 130 cale fvRtret Rp d era that Seller has no knowledge oP boundary sine ditpuhee, eucraents or claims of easement 181 n by the prbl a words. say hazardous waste on the Real aerate or any mptoven ens for wturA the req.jkvd 182 were not obtained, Seder rep errn5 Nat there have been no improvement¢ to rh¢ heal Fsrare which aze not 183 in Ivli in ate de rtn nsc on of the roost deer t real dente taz aseasmenc or w�ch etc eligible For home 184 improvement tax ezrmption. 185 CDADiT OF RKA-UM1.1 AZkINS—PECTIO I': Seiler agrear to laave the Real Estate in broom ClejA 186 eondit on. All efusc and lxxsonal property char is not to be conveyed to Buyer shah be removed from the goal Hsute at 187 Seticr's catpense cefore possnssion. Buyer shajl Save the hghe to inspect the Awl Estate, 7zturer ofd persona! property 188 Prior to possession ro verify that the Real Esrarc, impttav" mts and included personal property am In substantially Ox 189 carne condition as of the Data of Acceptance of this Contract normal waar and Lear etaepted. 190 22. GOW$R1h7tiiEtVTAL COD2Pf.IANCE Parties agree to comply with the reporting reguirtrnew of the opplicabt 191 =tons of tax Internal F 4vepue Code end the Re�l 6st2 a Setdemcrt procedures Act of 1974, AS irmnded. 192 23. ESC C G: At the eletction of either Party, not Idea than rive (5) business days prior to rho Closing, this 193 bale shell bat Closed through an escrow wit the letding insdutdon or the title company in seeordaecc with the proAttiow 19A of Ze usual form of Deed and Money Escrow Agreement as epeed 4pon between the Patin_ with provisions Imetred 195 in the Escrow AAroement as may be required to conform with this Contract. The cost of the escrow shell be paid by the 196 Party requt4ting tho escrow. 197 ILFLOODINSUMANU ; Buyct atoll obain flood insurance if requirsd by Buyer's terrier 198 25, FACSIKMF: Faeaimile signatures shall tat sufficient far purposes of ertecutirg, negotiating. and flnalitjng this 199 Cohtracr. 200 26. $(MNESS DAYS: Busirz;z days are defined is Monday through Friday, excluding Federal bolidayt. 201 27. CONDOMS � (ff applicable) 17re Patties agree that the leans contained in thin paragsayh, which may be 202 contrary to other tarns or this Contract, shall supersede any conflicting terms, 203 (a) Title when conveyed shall be good and merchantWe. subject to terms, provisions, covenants and conditions of 204 the Declaration of Condomin um and all amendments. public and utility easttmenta imiuding any easements 205 established by or implied from rim Dcdaradon of Condominium or amendmmata thetcw: Parry wall rights and 206 agreements; limitations and condititms imposed by the Condominium Pmpetry Act; installments due after the 207 dare of Ciaab+g of genetl usozrnmu sstabfched pursuant to the Declaration of Condominium 208 (b) Stller shall be responsible for ill regular assessments due end levied prior to Closinj and for all special 209 assesametns conftrrned prior to the Date of Acceptance, 210 (c) Buyer has, within five (5) business days from the Dais of Acceolanee of this Contract the.right to demand from 211 Seller items as stipulated by the: Piinois Condominium Property Act :be Contract is subject ro rite condition 217 that SeIL ^r be able to procure and provide to Buyer. a release or weaver of say option of first refnaal or other pre- 213 empdve rights of purabam Created by rte Derlaratim,, of Cordomnium within the time established by the 214 Declaration. In the event the Condominium Association rcquircs personal appeuattce of Buyer and/or additional 215 document2tion, Boyer sgreu to comply wirb same. Initial lluyerrni" Seller lnfrfai Seller lnitiel JUN -25 -2005 02:50 CENTURY 21 GOLDEN 05/19/2005 19:55 6302319090 DANIEL AND AMC R E •�•����� L'�1PIJ G, hrH' Azlblrt; N E 8474269099 P.06 PAGE 06 PAL') 06 216 (d) in the event the documents and Inkrmatlon provided by the Seller to the Buyer disclose that :ftc 'etisting 117 ,mprovamdus arc In vlolat;tm of acisting ruler rgulations or other res(ricdona or that the iernv and conditions 238 ccntained within the dorcrrtents would unreasanabl tttsttic! 219 financial Considerationt which y Buyer's onn use of the pea Con n or would increase the 224 Buyer would have to extend in eller it, with the owning of the condominium, then Buyer may declare this Contact null and void by giving 9el)at wit, notict wlrhip five (5) businrds �,yd 221 after the receipt of the documents and infotmation required by Parogtnph 27 (c), listing theca deficiencies which 27.2 723 are unacceptable [o Buye:. arrd Lhersupon all earnest money dcposiud by Buyer shall be returned w Buyer upon bwilitten duecdon of Parias to acrowcc.lf weltttn notice is not served plthin the sumo speeifled, Boyer shall 224 be dilk'"ed ro have waived this contingency, and this Contract shall remain ill tvD force end etlect 273 (e) Seller shall not be obligated to provide a condominium survey. 226 (f) Sell" liholl Prcvlde a certificate of insurance shoving Buyer (and Buytr's martga eo) as insured. 427 C DICE OF LAW /GOOA I :Ali arms and provisions of this Convect including, but not ilmied to, the 228 AGOmey Review and Profatsional Inspection paragraphs, shall be govcnidd by the laws of the Stale of Illinois and are 229 subject to the covenant of good faith and tae dealing implied in aA 11,Inais conUrca. 2M 231 THE FOLLOWING OPTiONAL PROVISIONS AMY OriT V If INITIALED BY ALL PART70 232 233 ,�� ] ?E�ALe.ct£atn�R s ne.t rCTATS. 234 (irdtius) 235 (A) ZRI?SENTAI]Oh°$ ABOUT IIf) MR'S RF. n. LLST4TEBu�errtprtcsnntnselbrufoltcw .a 236 (1) Buyardvrs rnnteemmcnly�o ra(addm); Z� (2) Buyer, [cited o I ❑has ❑tsu not enmroi inrJ a ten?tact to all Fri ?gal atuua. If soya lvs eyaod into a contras m toll 239 his nil gtar 239 (a1 Buye's ua :pct Ecsree%onai: ❑is Hoot subJstroamm�gago mntingPrFy 240 tb) Boyar's aalC haulchackoat): ❑ts�eratN6jcet toamal esters tale erAWnearyey, 241 (c) Bvyn'i:ak eon lcbetkonel: ❑Iv0s nut sotjeet In t tanr a:ort cwne conungoncy. 243 (1) euyw [chCek mte)lOheC L] not fivm ho teal csta'n for sole w;th a Been ml wore ftw and in a bed truldpla listing fervict 244 (d) If Boyes's Ml ease is net I' for sole with a linnred retj a.lwe btckar and in a loaf rnualpk Ilttlns srr•im, 243 euyerrcbeckonel 246 (a) ❑ Sltall liu his real t for tok wide a limtrcd and estnie b*er nbe will plrz it in I local multiple 247 If:dot 3zi- ;u widsln Gvc to bu m days aPer ebo Date of A=Ptww of ?his Csatmu. 248 For Io a mArlon only; A(rtter. 249 Biol:er'A Addrrn Pf ate 250 (bf 0 I)=. not intend m psi his nal au,,la sale, 251 (s) 9uyer outho tses Scller or his apri ro tify m tip{: "tainad in 7arcp9ph 29 At say lima, and Buycr agr= to 252 Mo%ent A in pmvid'mBrcicvem rrrormvlon. 253 ,$j COMNOF7.vt3ES BASED LMN SALE AND.)t CLOM% Vir 'YEA'S RML ESTATE- 254 f l) This Cennact ;p P,aniagtnr tom Buyer having s oarwxd f sale d Buyot's real eoat in Wt rercs snd enit4 as of 255 20_. Such coned shall provide f Closing dal: nor Isr r dam px Cbca+g dale set forth in 256 this Co,VAet If vsiatn nvdcc of failurt to proevre each Coat is not sarvod wlibin the time specli'kd, buYtr shall 297 tie deemed so hire waived this whnogeney and this Catdrart ih amain in full force and effeet. (If thk paragraph 253 is rued. ihen the (onewing paragraph mruibe damptetod.I 259 (1) in dv! event Olt euya ba 7tezoa a conned[ for arc sale df Buyer's real ar as set fond In Puaasaph 29 (A) (t) and ON 260 am" a is in fill fze-e and eiF'dct or hn; catered into A cwtrpet for sale o uyerc mci esum prior m do "Icutioo of this 261 ConSUt th;s Contrmr, it contingent upon Buyer Cldnne the salt of Boyer; nit eaters on or before 262 20_� if wrtteen notice is nap smved wl A the Coat !""Bled. Buyer chap bt 263 deemed to hour w*.vd all contistetdsics contained ;d 0411 Paragr■yh 10, and 's ConlrACt start remain to full fora 264 atldelfer). 765 (3) it flit :Omar: ter the tale d Buyer s seal scam is tmnlrtaled for any mason stud Ck sot Farb in Paragraph 29 tB) (1) 266 for aher the dare or Ibis Conn. et if w dou it set rtmb N pmsgnph 2i' 03) (i)), Buyar a ridliyi duce (1) busmesa days 267 of such wrminaw, Aodp,, seller or said wm;nadon, Urkss Beyer, Aa IAN or gad eau viva all mne'rnvocks in 268 Paragraph 29 And Cornplia with Paraeraph 29 (D). this Cmrnm shall bc non Ind void a, of the of notice smt earnest 269 money rANnded rn Buyer upon written direction of Up Parties to £acronoea If written no as required by this 270 subpafegrAph is not servtd.;tb;n the drrat speellied, Bvysu rholl be in daftult ender tht leres/ drmi Cod"CL 271 (C)-ek7LWWS MOM TO COIC M; VC TO OFFER RF8 1, MATC POR S,UZ Duriry( de time ofdd11 w e,,Iency fw:)er 272 hat dre njsM m eootinue ro shoo) the Real Brute and offs it Far sale svhjm! k rhs Idlowiny Bayer Initial � $liyer initial seller Initial_ Seiler initial Address_ '2,'14 L ) AJh Pate 3 of e JUN -25 -2005 02:50 CENTURY 21 GOLDEN 05/19/2005 19:55 6302318098 DANIEL AND ASSOC R E LM+J,=L HI+1J ra :e,SUI: M, t 8474269099 P.07 PAGE 07 PAGE 07 373 (1) If SNIs • nnorher bona ride offer to purchase the Real Eerata during :Wit pier♦, Seller aball no* Buyer in wtsdng 274 of wire Buys dxn have hevra aft Sells i,'vn such oasice a -Div= the cond's odic met forth in 275 Hangapb 29 (B1. sub t b Paragraph 29 (D} 2.76 (3) IfBuyrtonung&'.wlth ptovobsscdpamlpaph29 ID) tltrnttAC01111=.s ALMJnaie9ttitT III= and a ba 277 (3) 1f Uri vsnUngendes }.et in Ptua9110 29 A are NOT walvcd in wri�irg within mid time period by Buyer, chit 278 Conttan alias( be nbll a void and corneas money ref+mded m Buyer upon wriltan el t dill of the patt{a b 279 8avowm 280 A WAIVU OF PARAGRAPH 29 GENCM. Buyer BtaO ee dimmed b 11146 wa1'd rho carKingenafes H Prugnph 281 29 (B) when Bvy-r hart daihea:! vrtir>en 'vtr and depotittd with the Fmo+" Me addtianal stltTt of e 282 ,nnidu Mandy widaln the time specifed it flu falls to deposit the gddltlonal enrnnt tnotlq Within Ula time dptdifiad rho 283 waiver sJs,U be dev+nad intfieetive and this C et ehdl he null and said and tl[1fr5t Monty rdhnritd b Buyer upon 2Fa written direeti4n oftoc Partles to ES[rori"w. Z35 R7 NOIIC$ (FOR 2TiL5 COM4YGESVCY ONL'a): rapt u d"anuto pmrdad above adz tc�u3m) under hlc Parapyaph 286 29 ahal be in wrltng and shag he served an the psry, Cou copies of Mta should be xnt b he respective aaameys and rd! 287 eeJate ap =rats, if known. Fsi7wc aY pre" -idr rah umrvsy ,shall nor rtnder notice invylid. Nate, la m1y ooe of a multiple 289 parson Parry nw be tul'kicet notlrc ra al. Notice shot) be gfvm a the in the fol lCa iRg manna♦: 239 (1) ey personal dcllvery of Zeh notitt effective u de: aim: acrd dare tram[ dell very; a 290 (2) By mating Of weh M601! ro the addnmt mcitied hemin try it )147 mail and ty e- rut'i!d nul, fd,y ✓c scroed by reou 291 mail and omdled rnml shC Or eI O e of 10:00 A:vt an nc� moaticg of the smyrA Qay fallowing tkpasit of raaHde s Vre 292 U.S. Mail: or 293 (3) By Facoim;la b a Fag (sere= shell be effaUve u the rive and dtte ding patsy nrtim a wtipw copy of @e 294 vatic Fmm L'sctecrivsrtg parry). 295 296 [f [} LELLATT REAL FCr4�FeCT: t- M even eltha parry has entered Into o prior 297 tail contact dris Coaona ;ball be subjeo b written rancriluion of tht prior eone;d an ar !riot, 298 20_ In X evem h prior ranimci is nor eaeeeli� within t)Y time egalitd. this Contract shall be nun send .old and tarne9t 294 money reAtn to buyer upon - curia dlreclion of the PJrc ;,ci to Exrm.et'. Notion: to the purchaser under the prior cuair set 300 should not be uncl xOpr Altorner Rrview and lh sfemioaal Jnspecllons proruioaa at the centraci hxve expired, been 301 aatkrAed or uerurs 302 3 303 G Q Cl ,�S,�f[, Earmoc money (vlth a eompleteil V49 and od,er requier3 formal. shat be 304 hug in t fudmtoy answcd inlet Crying nrsourtt x a furarxial insdtudah detiir'ertd by Exmw= All 01cmu camrA on the 365 cameat noisy shall accrue to 711= be of and he qid to Royer. Tht Bey" shall be rimpanailak for any adeslniprat(vn ft, (cwt 306 to netted Sri charged for eetGnQ u 1)"1111tt account In anticipation of C)a'ing, rise Partin dlreer E;!T w m dose the nezou7t to 307 soopnUrm ben (In) btl0httt days prior to the ant red CmAgdah. 308 309 ❑ ❑ ❑ 2 - : ♦a the evert pn+etsian iA nor to be ut;Numd at elosin4, ft AtrSrs nhali enter 310 vim 3 poet CJasing poaaatien apscmm, tkt shall prow among other thegr, that pes.aiion whir be deii mmil m firer than IIS9 3l I p1,4, on 20^„ pravkd sale eras been Seller agues in pay x Clos;P& tho sum of S per dry 312 cr Buyer krr upe and =uPQncy From and inelading the dr after Claing to and innlo6ng rite passion date rXiciAad above, 313 mgacdlaa of whtu}er pxuuion is deli +e ed "ior m tllc 9oaca die In the event pnwsgjbn k nom deilve btl u Gating. Seller 314. shell depmr in r�scrow m Clotting ,with %Uc Company. Listing Corn or other cerou2t 34 aid to by ere Punic and acaawre 315 by seporuc check the sum of ore percent (1s6) of th hrmhnic a to S=minrce thud persds:itm of rho -Raul Frox shat h- 316 delvved to Buyer an or before she 6Oe lad &A, aptri(, in this Con . IF pdvneson m ate ddivened, pre escrow ftmd shall be 317 * to Sc7kz if p=20on is not m dV-0-4 de iSigRSed esevwm 914 pay Buyer from see r<caw RT& et: sum of Ord W 0 /5111) 313 of the dcM4 feu exh day posvmsdan is wfthWd from 6u,+er after soon dire and tine, and ebal) p4y the .balerAx of rhn 319 ese�w fund. 1f any, m Saner, [n the rent Ulu pae•.ntcien no dtlit'trd m within fin`, (91 alendyr days Mir the dine 320 spa{ftel hncin. whirr du l eonunm an bs r,:* to 3uyer jar a son of money eaesn to (1150 of it posomiar ,avow ,noon ape dw 321 heroin for cuh dry pae6es9iot is to withheld from Buyer, widWA p7ejudke to any a r rights or remedies aysiMlc to Buyar. If 322 wipJn ten (to) busiruza dnyF after CJa4 of Atccotance wrincrt tLtr'emtnt on a past CIO, poaq=W. agremtsalt cannot be taacled 323 by the parties, this Conlead shall be null ape tad and earnest money refunded m Bttyc port written mrection of me Parties 324 to T=Mwm If -ritum noike is not served within the time specified, this pro-Wan shin be deemed waived b9 )he portlea 325 %vd this CootraetshCllsvmola to fall force and effect 326 327 ❑ [] ❑ ❑ 33• WE[ k RetarrhRY„ r �: Sager thdt datairs m trs esperz A III wamr 326 tent (Including nitrates rash and/or a smidtWwy rg)ort from :ne .IgFlicibic govemmrnral aolhan quailfied inspection 329 serves each doted not crate than Onq, (9(y days prior !c dosing, .ua;rig that the well and thr wirer svpp therc'rom and the 330 mptiuwliruT ;y,mm air in compliance with apphrahle health MSUIMLe W. ;tiller shall &diver a copy of the ten to Buyer not less 331 Uwe fourtevr (t4) day= pttvr w Gael". If ekher itygcm is round no to be in empUance w4 upplienblc health utiona. and in _ +,.gUy¢r Jnhiel ''� Rhryer InJliaL Seller JnIIC01 _ e Seller Jnidol Address '�.l FTItt-AC, PoRs6nf d JUN -25 -2005 02:51 05/18/2005 19:55 CENTURY 21 GOLDEN 63023iee9e VJVy�a2J7a DANIEL AND ASSOC R E DANIEL AND ASSOC R E PAGE 88 PAGE ea 332 lia event that within flvc fm bus!ttcss days arose rosept of such rcpor.(�, vrina 45rufram C react be rwcMd by the PIrl fits with 333 mspcci m the resolutian or ..ell arldryr 6eptir4sarijmry !9St =. then either party Dqy terminste this Contract by written nttrl�a to dte 334 ether Pony 2110 this Contract shall be no" and void and eamast money toned to Buyer upon written direction or the 335 Fortes to Exrowee 336�tn r�c� ;3r ^t^'TT�- J [ b TAt port", eonftm OIL have previously eornented Ip 38 Il.kerme) xtinA as it Dual A.gant in pmvkw btoYerAgs scr-;eft 339 on their behalfand sPac)fically content ro Lir_ryt Ming r, s Dual Art with rtRud to the u:ansncarrt mkRed to in Nis ContreL 340 341 : Thos Contract is for ate safe and Purchase or the Feel Este and Pommel preperty in Iv 342 "Ac i„" c.wdhion as of the Date our Offer, Buyer acknowla'pes that no rcpretenatiew warntntla or eaarAnroes .with respft to the 343 condition of tone Row 6suue and personal property have be cmde by Seiler ac Seller's Agent o9vt dlen those know: defer¢ if 344 Arty. dhelarA by 3ollcr. Buyer rroy C?ndvat m h1pethan ae Buye's teprnsc, In that event Scllef shall rroita the property available 345 to Bi;76�4 jrapeclnr at tRh nnmr Omra, Buyer shall indemnify $filer and hold 3oner harmlm From end agtinn pry 1= or 4M M92 346 aumd by Oro 4M or negfgs:nce of Buyer v any person perroming any itttpcctiort(sd. In Ott cycm Out inepecom mvmala that tnc 347 condition or the hnpavemeftL% iuturts or pecwnrl property to be ronveyed or oartsr&mtd S" unuccopUble to Bu)-et and ,buyer so 348 nofifty 3Nku w;tiiln five l57 Mtsmess days after die ktrc of Acrcpunce, this Contract shall be null and void ,end emmeof rummy 349 shay bo refunded to Buyer upon the written direct on of the Partits to Rmrowea Failure of Boyer W mtily Solar or to conduct 350 slid irwpcclro opecalta ae a vnlvar of Buyer's right to nominate thk Contract under dim paragraph And th;s Carrot SNII remain of 351 full lance Ord eftfxt. Doer acknm- ,ladgm the povisons of %rzgrgh it and the wurxty pmvWcrs our P2mgtaph 3 do not apply to 352 chi, Con 1pct 353 Imo. � - 354 l .Lt u � - tot OA FiN N 1J,: If Buyu u %orlon; VA or FHA Acincing. 6ii provision ehall to upplipbk: Boyer 355 may term;nate this C rrlwc if the Parchase Prke W ronh hereon exceed- the .appoW value or Ore Rost Emit. as drunw,tcd by 356 the vsbE, ! A4rnirdstrA6cr (vA) or the F%de21 Hovdng Administration MHAJ Her+evar, Buys hall have dte option of 357 proceeding widl thlo Contract without regard to d+. omount of the appraised valuation. if VA, the Funding Fa, our if FHA, Ike 359 miaj%dq: Iiasaterot Premium (m shah be p k by Buyer and (check one) M almll Q tluut rot be added In Ote maws: loon 359 8mounl. SeW agrees to pay addit or4 rnisWla uus expmms requ!red by teMe, as to euna.:XIO.0D. 360 Rzqui"d FHA or VA semrndmento dull be mltached to this Contract 361 D is aptesdy Agreed dtac nawithsanding any other provisions of thu Gortru. the Buyer shall rot be obligated to eomplem Ox 362 puretwne of fire penpc deanbsd herein w to down my pwatq by forfeirum of eamett manly depeeita or otherwise untzm the 363 Buys bee been given, in accotdve, with HUIyIFHA mcloimmenz. a writnn mtement by the Fukm1 Ncoon -mg Corruisaloaa 364 eaecno Forth the apprised value of the prtspeny (occluding Losing ccduo of nee kv coon S 365 Buyer Fhall twva the privilege and opQcn or prcocanll wllh the mmum-nmaon of the Cmoaat witboot regard to fix unouot ac the 366 aopra;scd veluaitm, The apprised valvation k trrived of to diwnim the rmtJtrom mortgage the peptetsnunt of Housing end 367 Urban Deveiapracm vi1l rmrtigturamee_ h7.M and ate atongape do not warrant the value not the corAton of tht property, 368 Buyrx lhauldralisfy himseh7hcrsc!f that the PAoe old cardigan e*m propnrry sere ecapubic 369 3?Dfj7rj:T= j [ Fr1YANC0ifS This Conlrael if mmingtnt upon Buyer obtaining a wl zee comet;utVat for inicdm 371 finarr_ing on or before , 20_ In fife vnoutu of S . If buyer It cnsbk to w-%trd the 372 lesexim fuoncing comm;tmrnt and gi"& wdncn noflea to Seller %Lithln the tune sprei5ed, tbi! Contract Shalt be null and TOK and 373 "mat money refunded to Buyer upon written direction of the Pantes to Emrowee. If erratum notice Is not satvrd Mthin 4a 374 time lDecifltd, lhia provision shall tnt 4wmed witivtd full farce and effect. 375 375 Buyer's and 34cr's abilp6crtk are eonLMAMI upon IX Parties rnrn+ng 377 into a repnrate w*tun amvrtnmr cotuiaenl with the terms sad eon jilarA scl forth 6ae;n. and will such additional inns A< either 379 Panty may dorm neecaary, providing for one orniom oflhcfa(1cvring: (check oppf ;cohle SWZ(rsj) 379 ❑ ASSVY"ON OF SELLER'S MORTGAGE 330 DART 11= 8OFkWREWE KTMRDEMORPUkOWE MONEY MORTGAGE 381 ❑vACAnLANT) 3A2 NnV CON=UCITDN 363 334 L. Thla Conracl is conlingent upon the apprml of the Real &U10 by 385 buyers God Pam, 386 within flvc 6) calendar drys atkr the Date our A--- efxartce, In the event Bvyer�s apo q&A FaRY does nor apF*Vt of the Real czmm 387 and wdtten native is given to 5atler with'n fine firm spec ld, this Contract she11'be null and void an4 eatntdt manly refunded 388 0 Buyer upon "alter,+: direction of the Parries to Fscrovee. 11 Wtittito nonce is Dot served wilh;n the lime epeelfut, this 3(,49 Provislan shall be droned waived by the Pxn tvxm Std thh Ceniracl shall mmmin he rail force and 1.00CL Buyer 1,Lw41 L $vycr Initial St!!er Initial __ $e!!fr Inftidl pagelor I JUN -25 -2005 02:51 CENTURY 21 GOLDEN 8474269099 P.09 1Jj/1W tv7o i7: oa bdn LJlflbyb DANIEi. AND ASSOC R E PAGE 09 DANILL AND ASSOC R, E PAGE 09 390 THIS DOCUMENT WILL BECObM A LEGALLY BINDING. CONTRACT WMN BIfiM BY ALL 391 PARTEEs AND DE dVERED 392- Thc Panles represent tftat text of dtia foal has not been altered end is identical to the emcw Mutd -Board Residgritw 393 XIW Haiato Cenb=c 3.0. 394 395 Date of 060 AA O AFEEbINCE 396 CC e�CG' P. n, A . 3 B Buy u�= Seltcr3l0tseac ,� 399 ehet SiD sane setle s gee,Q 401 PtJ9t Buyta(s) Nantes) Pdntscl Name(o) 402 tJtl.yEt e', �'oy P,o R. 403 Address 404 Addmtt�s` �ilnlDc� "ltVc 405 city Star LP City Satc ZIP 406 ELGrJ yr_ 6Qiz� 407 p1meNumbet(e) Final PheneNambees) rmla 408 FOR MFUM42701V ONLY 409 QEA� S!�rAAE_ Z5422, Z QJ 410 SaIng Office L M— M15 M 411 Mil } g y a / 412 selling Agdu ML; 0 EotBt (� L. Wi Ageat MLZ 11 paid 413 (io11 JA;!( tG/h TC_y!U 9tr [1j9('J�tcsYc� b Y C r a 1/ 414 gddteec City ST Zi cky Z. 415 G7�YGi7 --�- r) 15Ti � 1v�1 � �� � 4 416 Phone Vo. _ t'{nt Na. P,fo � 1%. Na 417 Ecj I�idF L Gt"rA�1 418 Euyprlr Anbrney 6tsu1 SeperIa Attorney Etrr;1 419 �S�rRra F 421 - 22 % _s ^ g 2Z area 422 PtgmcNc. Fu;40 PhareNo. N 7 423 /LT e� t•�-� �TI�,S��O� 424 MorippCompiny PezNa Lam Officer photeNo. 425 426 *?On Illinois Real Etmft lawyers Associadon. All right+ reserved. Unauthocizod dupllcadon or elu iidon of this 477 form or any portion thereof is prehibited. 426 Ofilcial forts available gt a wv .teallau+.or3 (web sits of IllincI& A l Eswe Lawycma Assaia6od). 429 Appm4d by ibe following organfuoGona January, 2003. 430 Mnoii Real F&mte L.as yea ricssoaiaSon. Belvidere Board of REALTORSm, Boone County Bar Asiociation, Q cago 431 As3oeiadcro of REALTORS'e. Do. Page County Bar A3tocladon, Kant Cowry Eat Amoeiadon. take Cc'jDty Bat 432 Assoeietion, McHenry County Asaoeiadon of REALTORSO, North Shore - Barrington Assoraaden of REALTOW. 433 Northwest Association or REALTORS®, Northwest Suburban Bat Asaoelation, Oak Path Board of R(=ALTORV. 434 RE kLTORA Association of the Pcx valley, REALTOR5 Assoctation of WasrrSouth Suburban Cbleagoland, West 435 To-ti; Board of REALTORS' 436 /�.�� -� 4 p� 437 This offer was presented to Seller by r r ' I — - `�� �' n jZ�O� 19 435 (AgC7'tj (datc) 439 This offer is rejected �^- 440 (Seller wa;9s) (Sauer itutialsl (date) fnfdal Seller initial "_ Seller /nida! Page a 0 A JUN -25 -2005 02:51 CENTURY 21 GOLDEN 8474269099 P.10 85/16/2885 19:55 6382318898 DANIEL AND ASSOC R E PAGE 10 Illinois Association of REALTORS® RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT 91 oil NOTICE THE PURPOSE OF THIS REPORT iS TO PROVIDE PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL_ DUCTS IN THE WzIDENTIAL REAL PROPERTY THIS REPORT DOES NOT UMllT THE PARTIES RIGHT TO CONTRACT FOR THE SALE of RESIDENTIAL REAL PROPERTY IN 'AS IS' CONDITION. UNDER C014MON LAW REI I RE WHO DISCLOSE MATERIAL AEFEM MAY BE UNDER A CONTINUING OL+LfGATION TO ADVISE THE PROSPECTIVE BUYERS A60UT THE CONDITION OF THE RESIDENTIAL REAL PROPERTY EVEN AFTER THE REPORT IS DEUV¢ZED TO TIME PROSPECTIVE BUYER. COMPLETION OF THIS REPORT BY SELLER CREATES LEGAL OBLIGATIONS ON SELLER, THEREFORE SELLER MAY wsHTo cONSULT AN ATTORNEY PRIOR TO COMPLr11oN OF THIS REPORT. Propet Cfty, Su Sellers This report is a disclosure of carbin conffocros ar the residential real property i+sted abova In compliance with the Residedel Real Property OisoloSwe Ad Tnis Infonnaton is provided as of_, 1g,—, and does not rolled any changes made or D=XTIng after that data or otcor rhalion Ihrt hecornes blown to the seller after that date. The dlsdosures herein shall not b? deemed warranties of any Idnd try agar or any person rapreserrdng any party in ft, lrannacSon. in this fvnr, am aware' mama to have actual notice or *clue] knowiedga without any speoYic i vrzstJga6on or inWiry. In this form a'mateiial defacC mheam a mndltion that would have a aQbs'andal adverse effect on the value of the residential real property w that would signifioanAy impair the health or sefdy of hftre occupants of The residential raai property Unless $1e seller reasonably believes that the mndNon has been corrected. The seller discloses the following Information with the kwwledge that even though the alatemertg herein are not deemed to be warrandas, vvepecilve buyers may choose to rely on this information In deriding whether or nut and on what farms to pur0ase the residential teal property. The seller represents that to the best of Ills or her actual knowledge, 'he fallowing statements have been aoatral* nuied as "yes', (sortad), "ne (irlcorract) or 'V applicable" to the property being sold, If the seller indlcates: that the rasponso to ern, statamertu except number 1, is yes or net appllt2ba,1h2 Pallor &hall provide an mg)b tton, inihe additional iRAmlaten area of this roan. 1, C Q Seller has occupied the prrpeny wib)in the last 12 morrths. (No er#genation 's needed.) 2. ❑ 0 1 zm ware of flooding or securing geehage Ixobians In the onevdspeee Or heacment 3. ❑ ❑ I em *wars Ctattle prnpariy h loor.>E2d N a food glair or that I cmx+ty have ]food hazard inauranm on 4. S. [] �,/ ❑ the pnhpery. 14th awnro of matsrm! defects in tha buarnard crbunftun (ndudinp sacks and bulges). 1 ern aware leaks orr ubrrlal deff In the roof, caiftnga ddmney. O of or 6, [] l d ❑ 1 sm eyare of mwta sl dabab In floe wags or low. T_ ❑ [7`p 1 am mvere of material defects in the ale:Mcel sore. 3. [] [ U ham rmeara of motetiel defects in the phmlbina cymm (Includes such Cringe an wz:er haarar, mrmp pump, water trash lent s/stam, aDdnOr s)*Rt and simliv pool). 9. E3 1 ❑ 1 an aware of matadai dstact In the well or well ehdroment 10• ❑ 14 ❑ I em *ware of insafe coruRlIons In Ire ddrldng wad 11. ❑ I am aware of material d9f9dsin ft heatlnp, airtrmdlfioning, or veWalrng systems 121 l ❑ f am ewau ct material d0eds in the firepbee, ornnodbum'uhg sbve- I am 004M of material defects in the septa, Sariby sonar, or ol+er disposal symtem i4. t nd 1 an aware of a>s7afe Wr a6hns of radon. on Ira p wrases. 15. ❑ CJJ"' L�J 1 am ardm d wmk cx=tutpne of ortr . Fe wndil!iD s, te�*V w otbedw m Cwt premisoe. 16. ❑ ❑ 1 am aware of imala concentador s of or unsafe vndlfions *ttlhhg to Nod win-, load wraber pipes, lead 17. U _/ t � O PI MOGt�orADWinIreSMonShepem ises f am m ram of mne sibs de m uhdctammd pR:,astb_ma k "rig, rghaa..ai, or nb'icroorlh stobillm defect an tie prom4m. 16. 19. �I jLJ7 J C1 la' U 1 am a are d anem irksW5 tdiern ties or vllrer wocd bodhy kmds. Ian arse d a stiue at dete:temsad br p�* Uorrs d IonrAac or other wood baring inor�. Pa. ❑ 1am ware ofuidemmumfire )sbrwtangoontheproperly. 21, 0 L7 M I am aware a boundary or kA hw amputsr, 22. C! �❑ 1 have received rwfice of vdrllun of kszl, aisle or federal lvnz or reVA*;orw relating to this Proper(]'. "Ic" VIdadon has rent been coeeae". Page 1 at 4 JUN -25 -2005 02:51 CENTURY 21 GOLDEN 8474269099 P.11 05/18/2685 19:55 6392318690 DANIEL AND ASSOC R E PAGE 11 Nate: These d solosures are net intended to cover the common NeRrer>te 91`111 condomirtium but only the acual residential real property including firnked common elements0ocatpel fo 4te exclusive use thereof that form an intqpral part of 1ha condominium unit. Notes These disclosures are irytended to reflect the current condition of the premises and do not Include previous problems, ff any, thatthe seller ressomably believes have been comected, If any of the above are marked 'W, opplic 06' Or 'yea", please mpl0in here oT u" ads tanar pages, if necessary". Check here if sddrdorlai pages used: Q salter cerviies ftt seller has prepared this statement and caf ss that the informedon provided is based on the actual notioo or actual icnovdedge of the seller wtthout any specfic invedgiabon or inquiry on the part of Me beller. The seller hereby authorges any person representing any principal in this transaction to provide a copy of the report, and to disclose anyy ' ration in the report, to any person in com ectimn with any actual or anticlpated,sti7le of the property. seller " f • 4 cafe: 5 (z zoos Seller. DatE:— PROSPECTIVE BUYERS AWARE THAT THE PARTIES MAY CHOOSE TO NEGOTIATE AN AGRE -MENT FOR THE SALE OF THE PROPERTY SUBJECT TO ANY OR ALL MATERIAL OEFEGTS DISCLOSED ITd THIS REPORT ('AS IS")_ THIS DISCLOSURE 15 NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THAT THE PROSPECTIVE BUYER OR SEU_ER MAY WISH TO OBTAIN OR NEGOTIATE, THE FACT THAT THE SELLER IS NOT AWARE OF A PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES NOT EXIST. PROSPECTIVE SUPER IS AWARE TRAT HE MAY REQUEST AN INSPECTION OF THE PREMISES PERFORMED alr�D PROFESSIONAL. Praspoodue sayer �` Date: ve B Date:, -9/1 6 %s- Time' D Fs,l?ROPERTTDISOLr13llI1EACT SENATE BILL 928 (PUBLIC ACT 86.111) EFFECTIVE OCTOBER 1, "114 AN ACT relating to disdoaure by the seller of remdental real property- Section 1. Short this. This Act may be aced as the Resldeniial Real Property D itimuro Act Section 5. As used in this Ac* unless the context others sa requires the for mAnc terms have the masning given In this sectJon- -Residential real property" means real property lmprovad wOh not lem than one nor more limn focrrrealdential dw9rling units units io resden8al comeratms: or, CDndordnum units including the Trntr'ted common elements allocated to the exclusive use thereof that form an imeTai part of the condominium unit 'Seliaf' means every person or entity who is an owner, benelic ary of 9 trust, con9aCt purrhasef or lessee cf e ground leas% who has an intsmst (legal or equitable) In residential Feral property. However, ^seller' shall riot include any person who has both ((F� never occupied the residential real property and n never had the management tesporemVhy for the resider& real property nor delegabRd such responsihllrly for the re_vldential Feat property to an- other porn or emity, 'Prospedve buyer means any person or erttny nogotlabq W offering to became an owner or lessee of residemW real property by means of a transhm for value to which fhis AN applies. Section 10. Except as provided in Section 15, this Act apples to any transfer by colt, mss, installment land salr nt as assignment of benelimW lrftnvst, lease with an option to purchase, ground lease or assignmamt of ground 1aise of mWential real popery. Section 15. The provisions of thrs Act do not apply to the f4ow+hV: (1) Transfars prmsrmrd to court order, Including, but rot limited to, trar>sfers ordered by a probate court 10 admanstra6on or an estate, transfers between spocses resulft Larn a judgment of of marriage or legal selraration, tansfem pxsuant b a"w order a possession, 6aoft by a trustee in ba*r pl-y. txarxs ere by eminent domain and trarGfHS resultim from a decree for apectllc pv mane. Pope 2di4 JUN -25- 2905 62:52 ,05/10/2005 19:55 CENTURY 21 GOLDEN 6382318098 DANIEL AND ASSOC R E 8474269099 P.12 PAGE 12 (2) Transfers from a mortgagor to z mortgagee by deed In lieu of forandpsu:e or consent Judgement transfer by judicial deed issued pursuant to a foreclosure sale to tthet sumessAll bidder or the assignee of a ce•BArale of sale, transfer by a collateral assignment of a beneficial interest of a land hilt, or a transfer by a mortgagee or a successor in interest to the mortgagee's secured position or a benafisiary under a deed in mist who has acquired the real drop- any cry deed in lieu of foreclosure. tzrhsertl judgernart or judicial deed issued pursuant to a foreclosure sale. (3) Transfers by a fiduciary in the course or the administration of a decedent's estate, guardlonshlp, oortseivatorship, ortrust. 14) Transfers from olio co•lownerto one or more otherco- owners. (5) Transfers pursuant to testate orintesh to succession. (6) Transfers made to a spouse, or to a parson or persas in ore lineal fine of consanguinity of one or more of the sellers. () Transfers from on entty first has taken 0- to residential meet property from a seller for the purpose of assistitV in the relocation of the seller, so long as the en* makes available to all prospective buyers a copy of the di:dosure form furnished to the entity by the seller. t8) Transfers to or From any governmental art*. (9) Transfers of newly constructed residential real property that has not been occupied. Section 20. A seller of residential real property shall complete all applicable Ilems in the d selosure document deeaibed in Section 35 of this Art The seller shall deliver to the prospective buyer the written disclosure statement required by tills Act before the signing of a written ag aemcm by die seller and p=ionc live buyer that would, subject to file satisfaction of any rhago6aied con"andos, require the prospective buyer to accept a transfar &the residential real property. Section 25. Liability, of seller, (a) The seller is not tide for any error, inaccuracy, or orrisr4an of any information delivered pursttarht to Cris Act a (;) the seller had no kgWedgc of the enor, inaccuracy, oronission,'(g) me error, inaccurdryy, or onhiasion was based on a reasonable beliefthat a metedel defect or obier mmar not disclosed had baen corrected, or CHI the error, inaccuracy, or omission v>rabased on Irhfonrigot provided by a public agency or by a licensed engineer, lend surveyor, strueturel pest control opar;nor, or by a oonhactpr about mantas vdbin the cope of the contractor's occupation and the seller had no knowledge of tine at=, inn =Mry or omission. (b) ?he seller shall disclose matarial dill ebs of which the leper has actual Iahowladpe, (e) The seller is not obligated by this Ad to main any specific investigation ar inquiry In an e6ort to complete the disclosure Statement. Section so. Disclosure supplement If War to dosing, any seller has actual knowledge of an error, haeouraey, or omission in ony prior disclosure d=rum -t abr dellvery or IN dlsolosu2 documare.. la a prospective buyer, thot P,Ast shall suppterner t the Prim disclosure document with a vnl v supplementmi dladosure. Section 36. Disclosure report form. The disclosures regyired of a seller by this Pct, shall be made in the following form: (toter on reverse side) sedon 40. Material defex If a material dated is dtedoeed In Iha FesldwtiiW Res Property Elcciosure Report, after aomMnee by the prosnadive buyer of an o%r or minler affar made by a seller or after the exaotdton of 9n offer made by a prosp0vM buyer ", Is accapted by the seller far the conveyance of the maldeatial real property, then the Prospective Buyer may. within three business days aft, receipt of Chet Report by the prospeave boyar, terminate tho contractor other gmemem wittiout any IIRMPty or recourse ceteept for bee return to prospeave buyer of all earnest money deptisfts or down fsy:nents paid by prospective buyer in the talispAion. If at rratar®I defect is disclosed in a supplement to this dsscosum down& the promPactive buyer shag net have a light to terminate unless the materrdl defect results from an arse, inamuracy, or omission of which the seller had actual knowledge at the time the prior daclosur¢ docvmerr, was armplaad and signed by the seller. Tha right to terminate the enntrwL however, shall no longer edst after the conveyance of the resldentiai real property. ror purposes of this Act the termination shall be deemed tc be made when *mw notice of termination is personally tlERvared to at least one of the sellers iderrpfied in Ilia contract or other egreomerd or vReen d000alted, car5fied or registered mail, wifh Cre United States Postal Service, addressed to one of the sailers at the address indicated h the conne! or agreement, or, ii chore is trot an address wrrialned therein, aten at the addrew indicated for the resdential real property on the RepoC, Seelion 45. This Act ?s not interid9d to limit of medley arty obligation to disclose created by any athor afatute or that may exist In common taw pn order to avoid fraud, mistepresentadon, or dacall in the Aansaetiorh. Section 50. Delivery ofifhe Residential Peal Property Disclosure- Report provided by fills Act shall be by: 1) personal or Facsimile derwery to the prooperfive boyar 2) deposartg the re port *lh the UroYed States Postal Service, postage prepaid, first dens mail, addressed to !ha prospecfive buyer at the address provided by the prospedHe buyer or indicated to the oahtrad or other agreemem or 3) depositing the report with an alternative delivery senfee such as Federml Egress, UPS, or Airborne, delivery &wgas prepaid, addressed to the Prosps tfu bhyer at the ad6reu provided by the Prospective buyer or ind. -fed on the = it ct or aill agreement. Page 2$4 JUN -25 -2005 0252 CENTURY 21 GOLDEN 8474269099 P.13 85/18/2005 19;55 6302318090 DANIEL AND ASSOC R E PAGE 13 For purposes Of this Act, delivery to one prospacbve buyer is deemed deBvery to all prospective buyers• Individual acting on behalf of a prospective buyer consftjbas delivery to all prospective b�yere• DeIN2ry of yte Rep�art i sRcGfve upon receipt by the pmpe*,,o buyer: Reoelpt may be aOcwwledgod on the Report in an agreenmrtt for the oomMance of the residential real property, or sha in any other verifiable mannt7. Section 55. Vlolatlons and damages. ff the seller fogs or refuses to m terminate the whva� A nPer to V conveyance of the resdendal real property. the buy ®r shall Wye th�oe Df is Ad or who dlsdosee arty infomradm knowingly violates or fells to perform any duty PresIxIbed by arty pro on the Residendal Real Property Disdosore Report tot he knows to be fetee Rltall be cable in the amount of actual damages and rout cost', and the court may award reasonable atiomeyfeee incmed bythe 1).MMrlg PartY, Section 60, No action of this Act nwY be commenced IeW then one year Imm the earlier of the date of possess on data of occupancy or dale 7i rewrdir g of an instrumerd a wnvtwance of the resid9n1W coal property. sadJon 65 A copY or this Act, axduduw SscHOn 35, mud ba Pr d on or as a par! or the f Siden6al Real property Disdorurs RopDdfwm. Section 92. This Art takes effect of October 1, 1994 PUBLIC ACT (88-111), REPRINTED IN rrSENTIREfY As emended, 001"e dale 1.198 Page 4 d 4 JUN -25 -2005 02:52 CENTURY 21 GOLDEN 8474269099 P.14 95/18/2985 19:55 [nil REALTOR 6362318898 DANIEL AND ASSOC R E ILLINOIS AS800ATIM OF KFALTO" MOLD DI8CT,OSM Prkdx9l4am*) of Sete*) lr�X'r 7 e�e Co X PAGE 14 I I o� ro��tc Prjue Nsme(e)alguya(g) //� pj Property Addn� 2 % ! /V— s t f� J �f FL t• / b o 1'30 1, RFIiBAALR�'T/1RfRA TOt�lf4tof.S cUCPsxt »llmowkdge,$cllcrrept'e9a�t+'� a. -lb, Yropnty dmmbM lmrin bm Mss mot Mao p=viousiy triad for molds; Noce. if Mm er to s_ is "me no(", fea skip b. cad c and go to Sectict *2- ifM"War to A is `has °. doz aomplere b, and a b, The moldsfowmi --- rvm —.rerenMidm"cdastorie"Ws; s. _were not then m > wwm lbosc molds fiv.pva NfLma r ® ® 2. mup mgECI[OT!(fi Molds, fingtseC trtildew, and trial ' of may Caiat in me Property of which d)e Sacr is umwme and bas no 0=9 k"lUdEt, Tb s cactus gesa%Uy 9mw m place wttae 8tesn is p�[re mOl6aKe. atrdt a, whet 1Giltag may h9�c oavaed in son®, pipes, wallah Flame pats, a wbem there bas beeo Soo'diaic A praf%domal borne iMSpedtno may gat disclotc molds. Buyer may wish to ohn1b 30 mspation epai jy for Atolls to more frilly dctamise the emtdiEcc of tb= Property I'd its envirmsmepUl steals. Neiftia' $eila's spun � BuyeM's agents ate experts in the field of mot4 The Buyaa tnc wax ey meomgod to thermsclvca as to the Property Opndi60n, 3. Beyer makes ttm &x.omtopwcb%m'ZePtoPa1,e mdeVOdentaf> y _ - � mar,,. e...we.wiFn4rrr envelred iO �e ttana�on �nEmiding'}�P7�Y"�'�'!""7SP ! a� a� t° A =ts) bsrrokm it, ON eVtat." MOW A pti m On the rruW% Y' 4. �p �. Sella and Buyer bave and ti iF MA1d Diwlname and by their fiLOot"'5 bar f ■cbmwu ty"e M** of a copy dsamf. PRfI➢FRSH]iVAL, ADVLC� seller and Buyer tue leis DiscloattR w9tb lbc ex imdastardluS '= ' 5' 85 a or eoorr_eos hefem its eusntim Scam �ouN corr��.l�t,tritlft�a pfofeeaia�ru/,t�o�f tbdr cbuict te�ttiiflE �S' 4� Setter: D24, Ruya: Date: Dated Form 348 92m2 Copyr;gftf by Illinois Amm-W= of REALTORS a, JUN— ,eJ—GWJ 92x52 Lead Warning Statement CENTURY 21 GOLDEN 8474269099 P.15 DISCLOSURE OF INFORMATTON AND ACKNOWLEDGMENT LEAD -BASED PAINT AND /OR LFAD -BASED PAWr X4ZA9DS Beery purchaser of say interest is residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young obildna at risk of developing lead pononi ig. Lead poisoning to young children may produce permanent neurological damage, mcludme learning disabilities, reduced urte11Wace quotient, behavioral problems, and x*ured memory. Lead poisoning also posts a particular risk to preppam women The seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk asseasmeats or inspections in the seller's possession and notify the buyer of any lawwn lead -based paint hazards. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purebase. Seller's Dlsclosnre (mid* t� ( a) presence of lead -based paint and/or lead based paint hazards (check one below): ❑I Known lead based paint and/or leadbosed paint hazards are present in the housing (explain): l-y Senerhas no knowledge of lead- based.paim and/or lead -based paint hazards m the housing. 0.J (b) Records and Reports available to the seller (check one below): ❑ Seller has provided the purchaser with all available record; and reports pertaining to lead - based paint and/or lead -based bazards m the housing (list documents below): dSeller has no reports or records pertaining to lead -based paint and/or lead -baud paint hazards is the housing. Parehaser's Acknowledgment (tidal) (c) purchaser has received copies of all information listed above. (d) Purchaser has received the pamphlet Protect Your Family From Lead in YourHomez ( e ) Purchaser has (check one below): ❑ Rw&"d a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection of the presence of lead -baud paint and/or lead -baud paint hazards; or ❑ Waived the oppommity to eonduet a risk assessment or inspection for the presence of lead - based paint and/or lead -based paint bazards. Agent's Acknowledgment C=HK (e) Agent has informed the seller of the seller's obtiigatons under 42 U.S.C. 4852 d and is aware of his/her respormbility to ensure compliance. Certification ofAcemey The following parties have reviewed the information above and certify, to the best of their Inowledge, that the information they have pmvidtd is tines and accurate. Seller 4dG Dates /19/7005 Seller Date Purchaser Date Agent 1L4W�- -- Date's /'f Date l l gaze / / TOTBL P.15 6- 28-05; 3:17PM; oS/20/2008 09:20 FAX 847 888 9899 Crisanti & Young, P.C. MOMeyS at Law Lawrence 1. C"Ishrul Also Admkrod MpIdp OW TnOlM6 P. Ywng Peuaw Or AM06Can A<ld&MY Of 11(a1fI 181 l Mw cold eprMlod "MIIY Mcwww CRISANTI & YOUNG P. C. May 20, 2005 Elsie Dean 6* *VIA FACSIMILE*** 34 N. Island St., OF 630 -379 -0922 Batavia, IL 60510 RE' Cox sale to Meyer & %yaky 279 N. SPrimg St, EkIM, IL 60113 Dear Ms. Dean. naiivice��� 2001 83 Ma /kui 9(rcel 111#in, unno15 M23 1847) 689800 FaX 16471 89 19-9899 Cdeantiyounamhoi ma1LCOM Be advised that this Law Firm represent Dan Cox in the purchase of the real estate located at 279 N. Spring 9t., Elgin, IL 60123 from you- Pursuant to paragraph 12, Attorney's Approval, we hereby approve the contract subject to the following changes and /or atnendtnents: ok paragraph 14(d) shall be stricken. 2. Survey is dared January 12, 1996 and we will provide Affidavit of no Mtprovemaata. 1 03 it is our understanding that the seller is only Faymg 2% of the loan origination fee V03 and not any ob%w buyer's olosing costs. Please acknowledge your aceeptance of the above modifications by signing the bottom of this letter and rownung to this office. very u y yours, CRISANTI & YOUNG, P.C. Lawrence 1 Crisanti LIC /jz (C"A(vDorv�aMWatMR ��Lwm+9VidV:'x Utn�319 N, SRi,fdeM�710M.We1 AGREED TO AS A5OvE STATED this day of 2005. 6- 28 -05; 3:1 7PM; DRAFT May 20, 2005 VIA FACSIMILE TRANSMISSION (847 -885 -9899) Lawrence I. Crisanti Crisanti & Young 85 Market Street Elgin, IL 60123 Re: AT'T'ORNEY REVIEW NOTICE Cox sale to Meyer & Kefsky %u F51 1 Property: 279 N. Spring Street, Elgin, IL Dear Mr. Crisanti Please be advised that I represent the Buyers in the above- referenced transaction_ This letter shall constitute my approval of the contract subject to the modifications listed below: The following provision shall be added to the sales contract: a) Buyers may terminate this contract if the purchase price set forth herein exceeds the appraised value of the real estate and/or if the property is located in a special flood hazard area which requires flood insurance as determined by Buyers' lender. b) The Illinois Property Disclosure Report is incorporated into the contract and made a part hereof; and C) Seller is responsible for all assessments, regular or special, due or levied before closing. 2. Seller represents: a) That the property is not located in a special service area; b) That the Seller has never had to treat the home for wood destroying insects and has no knowledge of insect infestation; c) That the most recent tax bill does not include any discount or reduction due to Seller's status as a senior citizen; d) That any municipal inspections and/or requirements shall be satisfied prior to closing. C) That Seller has not received any insurance proceeds as a result of destruction or damage to the property which the Seller has elected not to repair /replace; and 6- 28 -05; 3:17PM; ;8477428050 # 5/ 5 f) That all fixtures, systems and personal property included in the Contract are in operating condition (as set forth in Paragraph 3 of the Contract). g) That there are no special assessments confirmed by the Association, if applicable. 3. The Leases/Agreements: The Contract is subject to the following representations and information, and shall be satisfied the Buyers on or before Tuesday, May 24, 2005. a. Seller to represent and warrant that there are not outside contracts relative to this property for maintenance, management, or service whatsoever. b. The Contract is sutSeller to provide the following to Buyers on or before May 24, 2005 for Buyer's approval. C. All leases, all underlying documentation for the leases, including but not limited to application, credit check, and criminal background check. d. Relative to the leases, seller to confirm that all utilities, including heat, clectric, and gas is paid for by the tenant. e. Seller to represent and warrant that the leases provided are representative on the entire agreement with all tenants. Seller specifically to represent there are no verbal or side agreements with any tenants. f. Seller to confirm that all tenants are current in payment of rent, and will be current at time of closing. g. Seller to provide keys for all units, including the utility room. h. Seller to confirm the amounts of security deposit for each tenant, and Seller shall agree to provide Buyers with the security deposits as a credit to the Buyers at closing. 4. For purposes of clarification, Line 45 of the Contract shall state as follows: Seller shall provide the Buyers with a credit at closing of 2% of the purchase price, and said credit shall be a flat credit, regardless of my client's closing costs. 5. The provision of this letter will control in the event of a conflict with the provision of the sales contract. The terms of this letter are in no way to be considered a counter -offer and are merely suggested modifications which we retain the right to withdraw if not agreed to by your client. In all other respects, the contract shall remain in full force and effect If the above requests meet with your clients' approval, please sign a copy of this letter and return it to my attention. 6- 28 -05; 5:02PM; rAA 041 ova Voe! Crlsantl & Young, R C. Afrorneys at Law WwrVnm t. Cmmnn Aaw Adn dl Pf&kl. eat ThonHe P. 'yuw) l ndr Of Am l AQIOa y of MMOMMlil (A+ypy and CMlr&d >vmay McClalar Elsie Dorta -Dean 34 North Island Ave. Suira F Batavia, IL 60510 t.a1.lAn1 -1 a XMNG P. C. May 24.2005 ***VIA FACSIMIA..6.wke 630.879 -0922 its Rs; Cat salt to Mrysr & Kefsky 279 N. SprrwSStreet,Algk, /L Dear NU. Dorta -Dean; ;84]]428050 n - �. 0001 6s Meamt street Elgin, minors sor23 1047) e684)eoo Fax 1e*7) 9680899 crisan uymigehotmail.ccm 1 am in receipt of your fax ofMay 23, 2005 seeking modiiicatioin or changes to the contract. In response seller states as follows: I. A-C Agreed 2. A -G Agreed 3. With regards to Paragraph 3 of your letter, seller reaponds as follows- a- There are no outside oontrects for Prbpeny maintenance. management, or JefvlCaa. b. There are no written leasm, the looses are oral in nature they-are-tuonth to ..— — mQr1t -oral-kasa r- fourunits. One ofthe tenants is being evicted for not being current with rant, c. Landlordfaelker pays the heat and the tenants pay the electric and cooking gas. d. Not applicable since these are oral month to month leases. e. All tenants are MUM in their rent except for the one that is being evicted. f. Agreed g. It is our vaderetan;14 that those security deposits are accurate. Seller will provide purchasers with security deposit credits at closing. 6- 28 -05; 3:02PM; 08/26/2006 12.96 FAX 847 888 0808 CRISANTI A TOM P. C. :841/42tl000 to 002 With regards to your response to my fax, please be advised that the seller's client was always tinder the impression that it was to be 2°/, of the ban origination fee. Seller would consider providing a flat credit of $3,400, 00 towards cbaing costs or 2% of the loan origh*tiea _�fes,whichever is greater. Please advise us as to whether or not your client is in agreement with the above. Very truly yours, CRISANTI & YOUNG, P.C. �04-�a�C Lawrence L C�isanti LiCfjs (CaayDaan.o'.W.rd * ana Decwu`wlP� D,�t37P N. Sp.6��udWMDi.r� uaiairzuuo ":40 P,4,4 047 666 9699 CRIS&NTI a YOUNG P. C. U002 W MrIlzM�M11:'! ( M,M "e "W 0rjXW Of sT_ DMra-VIAN bky26,21105 VIA FAC1W4U TRAI ON (W74N-f" La*Taws L Ce' iemd Comd a Yews` 85 Md" Eldred Elgin, M 60123 Re: Cwt sal.I* Mdye9 & Ksbkr pa"ty. 279 N. speins ft*K Bleier M Dear W.171ows! el/ Fia Sod. Same $6,6 106 0"So.. guo* .60154 (SP anr.°r —.e saw) 7 1NIs freest is in response to yow MW dead Moy 24, 2005, which it is acceptable except for the following: I . M tamest *41 be todw eviction of the one tenant who is currently in the process of being evicted. Tice Beyaa may cagoal tba o0rltra, orris tot. is no oviatod by the closing date. 2. As to tlta MM to the Bayer at eioabtL dw Bvyats will aeeapt the following: dhetl ptwtldo do Buy= With a�0et ��r m of S 5� or 2% of the bvm ben unortat r9h 00 rbu Wm of this Teter an is no rttry in be orn*WwW a county -offer which we retain the right to withdraw if not agreed m by your cliaat. Aa an cow fupam the cot hsa sball amain In full fora and etYact. if the above tegwo treat whh yaw clisiou' approval, please sign a copy of this letter and return it to my 9KCntim may' 04L&VLAI Me Datb•Daan AttDMq at law po: Rada M"w and Wdob l dit (v4 a-aWr) Acksow Ge.«+- s+rsaC� thi s L day MOWNa'11(via 1110)