13-125 Resolution No. 13-125
RESOLUTION
REPEALING RESOLUTION NO. 13-104 AND
AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT AND RIDER
REGARDING THE SALE OF 318 SOUTH STREET
(NSP Property)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Resolution No. 13-104 adopted by the city council on June 26, 2013, be and is hereby
repealed.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute a real estate contract and rider thereto with Donald
Obenauf and Elizabeth Berent on behalf of the City of Elgin for the sale of property commonly
known as 318 South Street (NSP Property), for $140,000, a copy of which is attached hereto and
made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 24, 2013
Adopted: July 24, 2013
Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
r ,
MULTI-BOARD RESIDENTIAL REAL ESTATE CONTRACT 5.0 La®!
1 1. THE PARTIES: Buyer and Seller are hereinafter referred to as the-Parties".
2 Buyer(s) (Please Print)Donald Obenauf& Elizabeth Berent
3 Seller(s) (Please Print) Owner of Record
4 If Dual Agency applies,complete Optional Paragraph 41.
5 2. THE REAL ESTATE: Real Estate shall be defined as the Property, all improvements, the fixtures and
6 Personal Property included therein. Seller agrees to convey to Buyer or to Buyer's designated grantee, the
7 Real Estate with the approximate lot size or acreage of 54 x 132 commonly known as:
8 318 South St,reet Elan _ IL_ 601 23 _
9 Address -- - — City State Zip
10 Kann 06 14 408 010
11 Countv _ Unit# (if applicable) Pernanent Index Number(s)of Real Estate
12 If Con do/Co op/Townhome Parking is Included; n of space(s)____;identified as Space(s)r =======;_===
13 (check type)�j':deeded space 0 limited common element Q.assigned space.
1-1 3. FIXTURES AND PERSONAL PROPERTY: All of the fixtures and included Personal Property are owned by
15 Seller and to Seller's knowledge are in operating condition on the Date of Acceptance, unless otherwise
16 stared herein. Seller agrees to transfer to Buyer all fixtures, all heating, electrical, plumbing and well systems
17 together with the following items of Personal Property by Bill of Sale al Closing:
18 [Check or enumerate applicable items)
19 _x_ Retzirerator x Central Air Conditioning Central Humidifier x Light FLxtures,as they exist
20 .x Oven%Range/Stove �.window Air Conditioners _water Sofiener(owned) _Built-in or Attached Shelving
21 x Microwave _Ceiling Fan(s) _Sumn Pumps —Ali window Treatments& Fiardware
?2 x Dishwasher _Intercom System _Elect ronicor Media Air Filter_Existing Storms&Screens
23 x Garbage Disposal _T V Antenna System _Central Vac&Equipment ,Fireplace Screens/Doors/Grates
24 _Trash Compactor Satellite Duch Security Systems(owned) Fircolace Gas Logs
23 x- Washer _Outdoor Shed _Garage Door Openers _Invisible Fence System,Collars&Box
26 x Dryer _.Planted Ve!i tion with all Transmitters _Smoke Detectors
27 —Attached Gas Grill _Outdoor Playsets --Ail Tacked 13mvr1 Carpeting Carbon Monoxide Detcctors
28 Other items included:
29 Items NOT included:
30 Seller warrants to Buyer that all fixtures, systems and Personal Property included in this Contract shall be in
operating condition at Possession, except:
32 A�system or item shall be deemed. to be in operating condition if it performs the function for which h is
33 intended, regardless of age, and does not constitute a threat to health or safety.
34 Home Warrantyb shall® shall not be included at a Premium not to exceed =====NlA===___
33 4. PURCHASE PRICE: Purchase Price of $ 140,000.00 i shall be paid as follows: Initial earnest money
36 of'S 1.000.00 by o. check,a cash OR Z17 note due on Acceptance 20 == to be increased
37 to a total of ___________� by =__________ 20 . The earnest money shall be held by the
38 Ihheck one)Q Seller's Broker 0 Buyer's Broker as °Escrowee", in trust for the mutual benefit of the Parties.
39 The balance of the Purchase Price, as adjusted by prorations, shall be paid at Closing by wire transfer of
' Bunrer Initial �t: ,C�. Buyer Initial " Seller Initial Seller Initial
Address'3,s souc n sueet 6012= v5.0e
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40 funds, or by certifi.ed, cashier's, mortgage lender's or title company's check(provided that the title company's
41 check is guaranteed by a licensed title insurance company).
42 5. CLOSING: Closing or escrow payout shall be on _ _ 3D 20 13 or of such time as rr�utually
43 agreed by the Parties in writing. Closing shall take place at the escrow office of the title company (or its
44 issuing agent) that will issue the Owner's Policy of Title Insurance, situated nearest the Real Estate or as shall
45 be agreed mutually by the Parties.
46 6. POSSESSION: Unless otherwise provided in Paragraph 39, Seller shall deliver possession to Buyer at the
47 time of Closing. Possession shall be deemed to have been delivered when Seller has vacated the Real Estate
48 and delivered keys to the Real Estate to Buyer or to the office of the Seller's Broker.
49 7. STATUTORY DISCLOSURES: If applicable, prior to signing this Contract, Buyer [check one)U has Q has
50 not received a completed Illinois Residential Real Property Disclosure Report; [check onel a has:Q has not
51 received the EPA Pamphlet, "Protect Your Family From Lead in Your Home [check one)io has.,Q has not
52 received a Lead-Based Paint Disclosure; [check onel1 0--.has p has not received the IEMA Pamphlet "Radon
53 Testing Guidelines for Real. Estate Transactions"; [check one).13. has. has not received the Disclosure of
54 Information on Radon Hazards.
55 8. PRORATIONS: Proratable items shall include, without limitation, ren,s and deposits (if any) from tenants;
56 Special Service Area or Special Assessment Area tax for the vear of Closing only; utilities, water and sewer;
57 and Homeowner or Condominium Association fees (and Nlaster/Umbrella Association fees, if applicable).
58 Accumulated reserves of a Homeowner/Condominium Association(s) are not a proratable item. Seller
59 represents that as of the Date of Acceptance Homeowner/Condominium Association(s) fees are $ 0.00
60 per ==_ (and, if applicable, Master/Umbrella Association fees are $ ____= per =__ }. Seller agrees
61 to pay prior to or at Closing any special assessments (by any association or governmental entity) confirmed
62 prior to the Date of Acceptance Installments due after the vear of Closing for a Special Assessment Area or
63 Special Service Area shall not be a proratable item and shall be payable by Buyer. The general Real Estate
64 taxes shall be prorated as of the date of Closing based on 105 of the most recent ascertainable full year
65 tax bill. All prorations shall be final as of Closing, except as provided in Paragraph 20. If the amount of the
66 most recent ascertainable full year tax bill reflects a homeowner, senior citizen or other exemption, a ienior
67 freeze or senior deferral, then Seller has submitted or will submit in a timely manner all necessary
68 documentation to the appropriate governmental entity,before or after Closing, to preserve said exeinphon(s).
69 9. ATTORNEY REVIEW: Within five (5) Business Days after the Date of Acceptance, the a.ttarneys for the
70 respective Parties, by Notice,mav:
71 (a) Approve this Contract;or
72 (b) Disapprove this Contract,which disapproval shall not be based solely upon',he Purchase Price;or
73 (c) Propose modifications except for the Purchase Price. If within 'ten (10) Business Days after the Date of
74 Acceptance written agreement is not reached by the Parties with respect to resolution of the proposed
7.5 ti modifications, then either Party may terminate this Contract by serving Notice, whereupon this Contract
76 shall be null and void;or
77 (d) Propose suggested changes to this Contract. If such suggestions are not agreed upon, neither Party may
78 declare this Contract null and void and this Contract shall remain in full force and effect.
79 Unless otherwise specified, all Notices shall be deemed made pursuant to Paragraph 9(c). If Notice is not
80 served within the time specified herein, the provisions of this paragraph shall be deemed waived by the
,1 Parties and this Contract shall remain in full force and effect.
boiler liritial Buyer Initial Seller Initial Seller Initial
Address a E'sxx,5:4ee! Elgin ;L 5�i7.3 yJ.()t° l
82 10. PROFESSIONAL INSPECTIONS AND INSPECTION NOTICES: Buyer may conduct at Buyer's expense
83 (unless otherwise provided by governmental regulations) a home, radon., environmental, lead-based paint
84 and/or lead-based paint hazards (unless separately waived), and/or wood destroying insect infestation
85 inspection of the Real Estate by one or more licensed or certified inspection sereice(s).
86 (a) Buyer agrees that minor repairs and routine maintenance items of the Real Estate do not constitute
8' defects and are not a part of this contingency, The fact that a functioning major component may be at
88 the end of its useful life shall not render such component defective for purposes of this paragraph.
89 Buver shall indemnify Seller and hold Seller harmless from and against any loss or damage caused by the
90 acts or negligence of Buyer or any person performing any inspection. The home inspection shall cover
91 only the major components of the Real Estate, including but not limited to central heating system(s),
92 central cooling system(s), plumbing and well system., electrical system, roof, walls, windows, ceilings,
93 floors, appliances and foundation. A major component shall be deemed to be in operating condition if it
94 performs the function for which it is intended,regardless of age, and does not constitute a threat to health
95 or safety. If radon mitigation is performed,Seller shall pay for any retest.
96 (b) Buyer shall serve Notice upon Seller or Seller's attorney of any defects disclosed by any inspection for
9; which Buyer requests resolution by Seller, together with a copy of the pertinent pages of the inspection
98 reports within five (5) Business Days (ten (10) calendar days for a lead-based paint and/or lead-based
99 paint hazard inspection) after the Date of Acceptance. If within ten (10) Business Days after the Date of
100 Acceptance written agreement is not reached by the Parties with respect to resolution of all inspeetion
101 issues, then either Party may terminate this Contract by serving Notice to the other.Party, whereupon this
102 Contract shall be null and void.
103 (c) Notwithstanding anything to the contrary set forth above in this paragraph, in the event the inspection
104 reveals that the condition of the Real Estate is unacceptable to Buyer and Buyer serves Notice to Seller
105 within five (5) Business Days after the Date of Acceptance, this Contract shall be null and void.
106 (d) Failure of Buyer to conduct said inspection(s) and notify Seller within the time specified operates as a
107 waiver of Buyer's right to terminate this Contract under this Paragraph 10 and this Contract shall remain
108 in full force and effect.
109 11. MORTGAGE CONTINGENCY: This Contract is contingent upon Buyer obtaining a firm written mortgage
110 commitment (except for matters of title and survey or matters totally within Buyer's control) on or before
111 V� , 20 13 for a [check onel Q fixed Q:: adjustable; (check o�re.J"o conventional 0 FHA/�/A
"f;+
112 (if FHA/VA is chosen, complete Paragraph _35),Q_- other loan of 96.5 of Purchase
113 Price, plus private mortgage insurance (PMf), if required. The in_terest,rate (initial rate, if applicable) shall not
114 exceed 4 jo per annum, amortized over not less than _6 years. Buyer shall pay loan origination fee
115 and/or discount points not to exceed -== % of the loan amount: Buyer shall pay the cost of application,
116 usual and customary processing fees and closing costs charged by tender. (Complete Paragraph 33 if closing
117 cost credits apply.) Buyer shall make written loan application within five (5) Business Days after the Date of
118 Acceptance. Failure to do so shall constitute an act of Default under this Contract. If Buyer,having applied
119 far the loan specified above, is unable to obtain such loan commitment and serves Notice to Seller within
120 the time specified, this Contract shall be null and void. If Notice of inabilih' to obtain such loan
121 commitment is not served within the time specified, Buyer shall be deemed to have waived this
122 contingency and this Contract shall remain in full force and effect. Unless otherwise provided in
123 Paragraph 31, this Contract shall not be contingent upon the sale and/or closing of Buyer's existing real
124 estate. Buyer shall be deemed to have satisfied the financing conditions of this paragraph if Buyer obtains a
125 loan commitment in accordance with the terms of this paragraph even though the loan is conditioned on the
126 sale and,/or closing of Buver's existing real estate. If Seller at Seller's option and expense, within: thirty (30)
1.27 days after Buyer's Nonce, procures for Buyer such commitment or notifies Buyer that Seller will accept a
Buyer In'tird "ma— Buyer Initial Sell&lnitinl Seller Initial �
Address ;g South Stn?eE =igin iE i23 \'7.0e
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128 purchase money mortgage upon the same terms, this Contract shall remain in full force and effect. In such
129 event, Seller shall notify Buyer within five (5) Business Days after Buyer's Notice of Seller's election to
130 provide or obtain such financing, and Buyer shall furnish-to Seller or lender all requested information and
131 shall sign all papers necessary to obtain the mortgage commitment and to close the loan.
132 12. HOMEOWNER INSURANCE: This Contract is contingent upon Buyer obtaining evidence of insurability for
133 an Insurance Service Organization HO-3 or equivalent policy at standard premium rates within ten (10)
134 Business Days after the Date of Acceptance. If Buyer is unable to obtain evidence of insurability and serves
135 Notice with proof of same to Seller within the time specified, this Contract shall be null and void. If
136 Notice is not served within the time specified, Buyer shall be deemed to have waived this contingency
137 and this Contract shall remain in full force and effect.
138 13. FLOOD INSURANCE: Unless previously disclosed in the Illinois Residential Real Property Disclosure
139 Report, Buyer shall have the option to declare this Contract null and void if the Real Estate is located in a
140 special flood hazard area which requires Buyer to carry flood insurance. If Notice of the option to declare
141 this Contract null and void is not given to Seller within ten (10) Business Days after the Date of
142 Acceptance or by the Mortgage Contingency deadline date described in Paragraph 11 (whichever is later),
143 Buyer shall be deemed to have waived such option and this Contract shall remain in full force and effect.
144 Nothing herein shall be deemed to affect any rights afforded by the Residential Real Property Disclosure Act.
145 14. CONDOMINIUM/COMMON INTEREST ASSOCIATIONS: (If applicable) The Parties agree that the terms
146 contained in this paragraph, which may be contrary to other terms of this Contract, shall supersede any
147 conflicting terms.
148 (a) Title when conveyed shall be good and merchantable, subject to terms, provisions, covenants and
149 conditions of the Declaration of Condominium/Covenants, Conditions and Restrictions and all
150 amendments; public and utility easements including any easements established by or implied from the
151 Declaration of Condominium/Covenants, Conditions and Restrictions or amendments thereto; party wall
152 rights and agreements; limitations and conditions imposed by the Condominium Property Act;
153 installments due after the date of Closing of general assessments established pursuant to the Declaration
154 of Condominium/Covenants, Conditions and Restrictions.
155 (b) Seller shall be responsible for payment of all regular assessments due and levied prior to Closing and for
156 all special assessments confirmed prior to the Date of Acceptance.
157 (c) Buyer has, within five (5) Business Days from the Date of Acceptance,the right to demand from Seller
158 items as stipulated by the Illinois Condominium Property Act, if applicable, and Seller shall diligently
159 apply for same. This Contract is subject to the condition that Seller be able to procure and provide to
160 Buyer, a release or waiver of any option of first refusal or other pre-emptive rights of purchase created by
161 the Declaration of Condominium/Covenants, Conditions and Restrictions within the time established by
162. the Declaration of Condominium/Covenants, Conditions and Restrictions. In the event the
163 Condominium Association requires the personal appearance of Buyer and/or additional documentation,
164 Buyer agrees to comply with same.
165 (d) In the event the documents and information provided by Seller to Buver disclose that the existing
166 improvements are in violation of existing rules, regulations or other restrictions or that the terms and
167 conditions contained within the documents would unreasonably restrict Buyer's use of the premises or
168 would result in financial obligations unacceptable to Buyer in connection with owning the Real Estate,
169 then Buyer may declare this Contract null and void by giving Seller Notice within five (5) Business Days
170 after the receipt of the documents and information required by Paragraph 14(c), listing those deficiencies
171 which are unacceptable to Buyer. If Notice is not served within the time specified; Buyer shall be deemed
172 to have waived this contingency, and this Contract shall remain in full force and effect.
Buyer Initial Buyer Initial Seller Initial Seller Initial
A ddreSS 318 South Street Doin IL 60123 v50e
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173 (e) Seller shall not be obligated to provide a condominium survey.
174 (f) Seller shall provide a certificate of insurance showing Buyer and Buyer's mortgagee, if any, as an insured.
175 15. THE DEED: Seller shall convey or cause to be conveved to Buver or Buyer's designated grantee good and
176 merchantable title to the Real Estate by recordable general Warranty Deed, with release of homestead rights,
177 (or the appropriate deed if title is in trust or in an estate), and with real estate transfer stamps to be paid by
178 Seller (unless otherwise designated by local ordinance). Title when conveyed will be good and merchantable,
179 subject only to: general real estate taxes not due and payable at the time of Closing; covenants, conditions
180 and restrictions of record; and building lines and easements, if any, provided they do not interfere with the
181 current use and enjoyment of the Real Estate.
182 16. TITLE: At Seller's expense, Seller will deliver or cause to be delivered to Buyer or Buyer's attorney within
183 customary time limitations and sufficiently in advance of Closing,as evidence of title in Seller or Grantor, a
184 title commitment for an ALTA title insurance policy in the amount of the Purchase Price with extended
185 coverage by a title company licensed to operate in the State of Illinois, issued on or subsequent to the Date of
186 Acceptance, subject only to items listed in Paragraph 15. The requirement to provide extended coverage shall
187 not apply if the Real Estate is vacant land. The commitment for title insurance furnished by Seller will be
188 conclusive evidence of good and merchantable title as therein shown, subject only to the exceptions therein
189 stated. If the title commitment discloses any unpermitted exceptions or if the Plat of Survey shows any
190 encroachments or other survey matters that are not acceptable to Buyer, then Seller shall have said
191 exceptions, survey matters or encroachments removed, or have the title insurer commit to either insure
192 against loss or damage that may result from such exceptions or survey matters or insure against any court-
193 ordered removal of the encroachments. If Seller fails to have such exceptions waived or insured over prior to
194 Closing, Buver may elect to take the title as it then is with the right to deduct from the Purchase Price prior
195 encumbrances of a definite or ascertainable amount. Seller shall furnish Buver at Closing an Affidavit of Title
196 covering the date of Closing, and shall sign any other customary forms required for issuance of an ALTA
197 Insurance Policy.
198 17. PLAT OF SURVEY: Not less than one (1) Business Day prior to Closing, except where the Real Estate is a
199 condominium (see Paragraph 14) Seller shall, at Seller's expense, furnish to Buyer or Buyer's attorney a Plat
200 of Survey that conforms to the current Minimum Standards of Practice for boundary surveys, is dated not
201 more than six (6) months prior to the date of Closing, and is prepared by a professional land surveyor
202 licensed to practice land surveying under the laws of the State of Illinois. The Plat of Survey shall show
203 visible evidence of improvements, rights of way, easements, use and measurements of all parcel lines. The
204 land surveyor shall set monuments or witness corners at all accessible corners of the land. All such corners
205 shall also be visibly staked or flagged. The Plat of Survey shall include the following statement placed near
206 the professional land survevor seal and signature: "This professional service conforms to the current Illinois
207 Minimum Standards for a boundary survey." A Mortgage Inspection, as defined, is not a boundary survey
208 and is not acceptable.
209 18. ESCROW CLOSING: At the election of either Party, not less than five (5) Business Days prior to Closing,
210 this sale shall be closed through an escrow with the lending institution or the title company in accordance
211 with the provisions of the usual form of Deed and Money Escrow Agreement, as agreed upon between the
212 Parties, with provisions inserted in the Escrow Agreement as may be required to conform with this Contract.
213 The cost of the escrow shall be paid by the Party requesting the escrow. If this transaction is a cash purchase
214 (no mortgage is secured by Buyer), the Parties shall share the title company escrow closing fee equally.
215 19. DAMAGE TO REAL ESTATE OR CONDEMNATION PRIOR TO CLOSING: If prior to delivery of the deed the
216 Real Estate shall be destroyed or materially damaged by fire or other casualty, or the Real Estate is taken by
Buyer Initial '? ..CJ�. Buyer Initial 3F75 Seller Initial Seller Initial
AddreSS 318 South Street Elgin IL 60123 v5
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217 condemnation, then Buyer shall have the option of either terminating this Contract (and receiving a refund of
218 earnest money) or accepting the Real Estate as damaged or destroyed, together with the proceeds of the
219 condemnation award or any insurance payable as a result of the destruction or damage, which gross
220 proceeds Seller agrees to assign to Buyer and deliver to Buyer at Closing. Seller shall not be obligated to
221 repair or replace damaged improvements. The provisions of the Uniform Vendor and Purchaser Risk Act of
222 the State of Illinois shall be applicable to this Contract,except as modified by this paragraph.
223 20. REAL ESTATE TAX.ESCROW: In the event the Real Estate is improved, but has not been previously taxed
224 for the entire year as currently improved, the sum of three percent (370) of the Purchase Price shall be
225 deposited in escrow with the title company with the cost of the escrow to be divided equally by Buyer and
226 Seller and paid at Closing. When the exact amount of the taxes to be prorated under this Contract can be
227 ascertained, the taxes shall be prorated by Seller's attorney at the request of either Party and Seller's share of
228 such tax liability after proration shall be paid to Buyer from the escrow funds and the balance, if any, shall be
229 paid to Seller. If Seller's obligation after such proration exceeds the amount of the escrow funds, Seller agrees
230 to pay such excess promptly upon demand.
231 21. SELLER REPRESENTATIONS: Seller represents that with respect to the Real Estate Seller has no
232 knowledge of nor has Seller received written notice from any governmental body regarding:
233 (a) zoning,building, fire or health code violations that have not been corrected;
234 (b) any pending rezoning;
235 (c) boundary line disputes;
236 (d) any pending condemnation or Eminent Domain proceeding-
237 (e) easements or claims of easements not shown on the public records;
238 (f) any hazardous waste on the Real Estate;
239 (g) any improvements to the Real Estate for which the required permits were not obtained;
240 (h) any improvements to the Real Estate which are not included in full in the determination of the most
241 recent tax assessment;or
242 (i) any improvements to the Real Estate which are eligible for the home improvement tax exemption.
243 Seller further represents that:
244 1. There [check one]p is Q,is not a pending or unconfirmed special assessment affecting the Real Estate by
245 any association or governmental entity payable by Buyer after date of Closing.
246. 2. The Real Estate [check one]0' is,® is not located within a Special Assessment Area or Special Service
247 Area, payments for which will not be the obligation of Seller after the year in which the Closing occurs.
248 If any of the representations contained herein regarding a Special Assessment Area or Special Service
249 Area are unacceptable to Buyer, Buyer shall have the option to declare this Contract null and void. If
250 Notice of the option to declare this Contract null and void is not given to Seller within ten (10) Business
251 Days after the Date of Acceptance or by the Mortgage Contingency deadline date described in Paragraph
252 11 (whichever is later), Buyer shall be deemed to have waived such option and this Contract shall remain
253 in full force and effect. Seller's representations contained in this paragraph shall survive the Closing.
254 22. CONDITION OF REAL ESTATE AND INSPECTION: Seller agrees to leave the Real Estate in broom clean
255 condition. All refuse and personal property that is not to be conveyed to Buyer shall be removed from the
256 Real Estate at Seller's expense prior to delivery of Possession. Buyer shall have the right to inspect the Real
257 Estate, fixtures and included Personal Property prior to Possession to verify that the Real Estate,
258 improvements and included Personal Property are in substantially the same condition as of the Date of
259 Acceptance, normal wear and tear excepted.
Buyer Initial tom., 0: Buyer Initial Seller Initial Seller Initial
AddresS 318 South Street Elgin IL 60123 V5.0
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260 23. MUNICIPAL ORDINANCE, TRANSFER TAX, AND GOVERNMENTAL COMPLIANCE:
261 (a) Parties are cautioned that the Real Estate may be situated in a municipality that has adopted a pre-closing
262 inspection requirement, municipal Transfer Tax or other similar ordinances. Transfer taxes required by
263 municipal ordinance shall be paid by the party designated in such ordinance.
264 (b) Parties agree to comply with the reporting requirements of the applicable sections of the Internal
265 Revenue Code and the Real Estate Settlement Procedures Act of 1974, as amended.
266 24. BUSINESS DAYSMOURS: Business Days are defined as Monday through Friday, excluding Federal
267 holidays. Business Hours are defined as 8:00 A.M. to 6:00 P.M. Chicago time.
268 25..FACSIMILE OR DIGITAL SIGNATURES: Facsimile or digital signatures shall be sufficient for purposes of
269 executing, negotiating, and finalizing this Contract.
270 26. DIRECTION TO ESCROWEE: In every instance where this Contract shall be deemed null and void or if this
271 Contract may be terminated by either Party, the following shall be deemed incorporated: "and earnest money
272 refunded to Buyer upon written direction of the Parties to Escrowee or upon entry of an order by a court of
273 competent jurisdiction". There shall be no disbursement of earnest money unless Escrowee has been
274 provided written direction from Seller and Buyer. Absent a direction relative to the disbursement of earnest
275 money within a reasonable period of time, Escrowee may deposit funds with the Clerk of the Circuit Court
276 by the filing of an action in the nature of Interpleader. Escrowee shall be reimbursed from the earnest money
277 for all costs, including reasonable attorney fees, related to the filing of the Interpleader action. Seller and
278 Buyer shall indemnify and hold Escrowee harmless from any and all conflicting claims and demands arising
279 under this paragraph.
280 27. NOTICE: Except as provided in Paragraph 31(C)(2) regarding the manner of service for "kick-out"
281 Notices, all Notices shall be in writing and shall be served by one Party or attorney to the other Party or
282 attorney. Notice to any one of a multiple person Party shall be sufficient Notice to all. Notice shall be given in
283 the following manner:
284 (a) By personal delivery; or
285 (b) By mailing to the addresses recited herein by regular mail and by certified mail, return receipt requested.
286 Except as otherwise provided herein, Notice served by certified mail shall be effective on the date of
287 mailing; or
288 (c) By facsimile transmission. Notice shall be effective as of date and time of the transmission, provided that
289 the:No'tice_transmitted shall be sent on Business Days during Business Hours. In the event Notice--is
290 transmitted during non-business hours, the effective date and time of Notice is the first hour of the next
291 Business Day after transmission; or
292 (d) By e-mail transmission if an e-mail address has been furnished by the recipient Party or the recipient
293 Party's attorney to the sending Party or is shown on this Contract. Notice shall be effective as of date and
294 time of e-mail transmission, provided that, in the event e-mail Notice is transmitted during non-business
295 hours, the effective date and time of Notice is the first hour of the next Business Day after transmission.
296 An attorney or Party may opt out of future e-mail Notice by any form of Notice provided by this
297 Contract;or
298 (e) By commercial overnight delivery (e.g., FedEx). Such Notice shall be effective on the next Business Day
299 following deposit with the overnight delivery company.
300 28. PERFORMANCE: Time is of the essence of this Contract. In any action with respect to this Contract, the
301 Parties are free to pursue any legal remedies at law or in equity and the prevailing Party in litigation shall be
302 entitled to collect reasonable attorney fees and costs from the non-Prevailing Party as ordered by a court of
303 competent jurisdiction.
Bayer Initial Buyer Initial Seller Initial Seller Initial
AddresS 318 South Street Elgin IL 60123
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304 29. CHOICE OF LAW/GOOD FAITH: All terms and provisions of this Contract including but not limited to the
305 Attorney Review and Professional Inspection Paragraphs shall be governed by the laws of the State of Illinois
306 and are subject to the covenant of good faith and fair dealing implied in all Illinois contracts.
307 30. OTHER PROVISIONS: This Contract is also subject to those OPTIONAL PROVISIONS initialed by the
308 Parties and the following attachments, if any:
309 ------------
310 OPTIONAL PROVISIONS (Applicable ONLY if initialed by all Parties)
311 = _ = 31. SALE OF BUYER'S REAL ESTATE:
312 [Initials]
313 (A) REPRESENTATIONS ABOUT BUYER'S REAL ESTATE:Buyer represents to Seller as follows:
314 (1) Buyer owns real estate commonly known as (address):
315
316 (2) Buyer [check one].a has)]has not entered into a contract to sell said real estate.
317 If Buyer has entered into a contract to sell said real estate, that contract:
318 (a) (check one]p isU is not subject to a mortgage contingency.
319 (b) [check one],. is,0 is not subject to a real estate sale contingency.
320 (c) [check one].Q is EJ is not subject to a real estate closing contingency.
321 (3) Buyer [check one]1: has Ghas not listed said real estate for sale with a licensed real estate broker and ,
322 in a local multiple listing service.
323 (4) If Buyer's real estate is not listed for sale with a licensed real. estate broker and in a local multiple
324 listing service, Buyer [check one]
325 (a) u];Shall list said real estate for sale with a licensed real estate broker who will place it in a local
326 multiple listing service within five (5) Business Days after the Date of Acceptance.
327 [For information only] Broker:____________________________________________________
328 . Broker's Address:_______________________________________________Phone:====__________
329 (b) 0 Does not intend to list said real estate for sale.
330 (B) CONTINGENCIES BASED UPON SALE AND/OR CLOSE OF BUYER'S REAL ESTATE:
331 (1) This Contract is contingent upon Buyer having entered into a contract for the sale of Buyer's real
332 estate that is in full force and effect as of _______________ , 20 = . Such contract should provide
X33 for a closing date not later than the Closing Date set forth in this Contract. If Notice is served on or
334 before the=date'set.forth in this subparagraph that Buyer has not procured a contract for the sale of
335 Buyer's real estate, this Contract shall be null and void. If Notice that Buyer has not procured a
336 contract for the sale of Buyer's real estate is not served on or before the close of business on the
337 date set forth in this subparagraph, Buyer shall be deemed to have waived all contingencies
338 contained in this Paragraph 31, and this Contract shall remain in full force and effect. (If this
339 paragraph is used, then the following paragraph must be completed.)
340 (2) In the event Buyer has entered into a contract for the sale of Buyer's real estate as set forth in
341 Paragraph 31(B)(1) and that contract is in full force and effect, or has entered into a contract for the
342 sale of Buyer's real estate prior to the execution of this Contract, this Contract is contingent upon
343 Buyer closing the sale of Buyer's real estate on or before _____________ 20 =_ . If Notice that
344 Buyer has not closed the sale of Buyer's real estate is served before the close of business on the
345 next Business Day after the date set forth in the preceding sentence, this Contract shall be null and
346 void. If Notice is not served as described in the preceding sentence, Buyer shall be deemed to have.
347 waived all contingencies contained in this Paragraph 31, and this Contract shall remain in full
348 force and effect.
Buyer Initial +�c,>„('�_ Buyer Initial `4 Seller Initial Seller Initial
AddresS 318 South Street Elgin IL 60123
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349 (3) If the contract for the sale of Buyer's real estate is terminated for any reason after the date set forth in
350 Paragraph 31(B)(1) (or after the date of this Contract if no date is set forth in Paragraph 31(13)(1)),
351 Buyer shall, within three (3) Business Days of such termination, notify Seller of said termination.
352 Unless Buyer, as part of said Notice, waives all contingencies in Paragraph 31 and complies with
353 Paragraph 31(D), this Contract shall be null and void as of the date of Notice. If Notice as required
354 by this subparagraph is not served within the time specified, Buyer shall be in default under the
355 terms of this Contract.
356 (C) SELLER'S RIGHT TO CONTINUE TO OFFER REAL ESTATE FOR SALE: During the time of this contingency,
357 Seller has the right to continue to show the Real Estate and offer it for sale subject to the following:
358 (1) If Seller accepts another bona fide offer to purchase the Real Estate while the contingencies expressed
359 in Paragraph 31(B) are in effect, Seller shall notify Buyer in writing of same. Buyer.shall then have
360 =_______= hours after Seller gives such Notice to waive the contingencies set forth in Paragraph
361 31(B), subject to Paragraph 31(D).
362 (2) Seller's Notice to Buyer (commonly referred to as a 'kick-out' Notice) shall be in writing and shall be
363 served on Buyer, not Buyer's attorney or Buyer's real estate agent. Courtesy copies of such "kick-out"
364 Notice should be sent to Buyer's attorney and Buyer's real estate agent, if known. Failure to provide
365 such courtesy copies shall not render Notice invalid. Notice to any one of a multiple-person Buyer
366 shall be sufficient Notice to all Buyers. Notice for the purpose of this subparagraph only shall be
367 served upon Buyer in the following manner:
368 (a) By personal delivery effective at the time and date of personal delivery; or
369 (b) By mailing to the addresses recited herein for Buyer by regular mail and by certified mail. Notice
370 shall be effective at 10:00 A.M. on the morning of the second day following deposit of Notice in
371 the U.S. Mail; or
372 (c) By commercial overnight delivery (e.g., FeclEx). Notice shall be effective upon delivery or at 4:00
373 P.M. Chicago time on the next delivery day following deposit with the overnight delivery
374 company, whichever first occurs.
375 (3) If Buyer complies with the provisions of Paragraph 31(D) then this Contract shall remain in full force
376 and effect.
377 (4) If the contingencies set forth in Paragraph 31(B) are NOT waived in writing within said time period
378 by Buyer, this Contract shall be null and void.
379 (5) Except as provided in Paragraph 31(C)(2) above, all Notices shall be made in the manner provided by
380 Paragraph 27 of this Contract.
381 (6) Buyer waives any ethical'objection to the delivery of Notice under this paragraph by Seller's attorney
382 or representative.
383 (D) WAIVER OF PARAGRAPH 31 CONTINGENCIES: Buyer shall be deemed to have waived the contingencies in
384 Paragraph 31(B) when Buyer has delivered written waiver and deposited with the Escrowee additional
385 earnest money in the amount of $ ___________= in the form of a cashier's or certified check within the
386 time specified. If Buyer fails to deposit the additional earnest money within the time specified, the waiver
N.
387 shall be deemed ineffective and this Contract shall be null and void.
388 (E) BUYER COOPERATION REQUIRED: Buyer authorizes Seller or Seller's agent to verify representations
389 contained in Paragraph 31 at any time, and Buyer agrees to cooperate in providing relevant information.
390 = _ _ = 32. CANCELLATION OF PRIOR REAL ESTATE CONTRACT: In the event either Party has
391 entered into a prior real estate contract, this Contract shall be subject to written cancellation of the prior
392 contract on or before =___________ 20 = . In the event the prior contract is not cancelled within the
393 time specified, this Contract shall be null and void. Seller's notice to the purchaser under the prior
Buyer Initial Buyer Initial F Seller Initial Seller Initial
AddreSS 318 South Street Eigin IL 60123
v5.0
9
I
394 contract should not be served until after Attorney Review and Professional Inspections provisions of this
395 Contract have expired, been satisfied or waived.
396 33. CREDIT AT CLOSING: Provided Buyer's lender permits such credit to-show on the
397 HUD-1 Settlement Statement, and if not, such lesser amount as the lender permits,Seller agrees to credit to
398 Buyer at Closing 5 4%($5,600) to be applied to prepaid expenses,closing costs or both.
399 34. INTEREST BEARING ACCOUNT: Earnest money (with a completed W-9 and other
400 required forms), shall be held in a federally insured interest bearing account at a financial institution
401 designated by Escrowee. All interest earned on the earnest money shall accrue to the benefit of and be paid to
402 Buyer. Buyer shall be responsible for any administrative fee (not to exceed$100) charged for setting up the
403 account. In anticipation of Closing, the Parties direct Escrowee to close the account no sooner than ten (10)
404 Business Days prior to the anticipated Closing date.
405 35. VA OR FHA FINANCING: If Buyer is seeking VA or FHA financing, this provision shall
406 be appiicable: Required FHA or VA amendments and disclosures shall be attached to this Contract. If VA,
407 the Funding Fee, or if FHA, the Mortgage Insurance Premium (MIP) shall be paid by Buyer and [check one]
408 t shall :shall not be added to the mortgage loan amount.
409 = - _ = 36. INTERIM FINANCING: This Contract is contingent upon Buyer pbtairiing a written
410 commitment for interim financing on or before =__________ 20=== in the amount of$ __-
411 If Buyer is unable to secure the interim financing commitment and gives Notice to Seller within the time
412 specified, this Contract shall be null and void. If Notice is not served within the time specified, this
413 provision shall be deemed waived by the Parties and this Contract shall remain in full force and effect.
414 - _ _ = 37. WELL AND/OR SEPTIC/SANITARY INSPECTIONS: Seller shall obtain at Seller's
41.5 expense a well water test stating that the well delivers not less than five (3) gallons of water per minute and
416 including a bacteria and nitrate test (and lead test for FHA loans) and/or a septic report from the applicable
417 County Health Department, a Licensed Environmental Health .Practitioner, or a licensed well and septic
418 inspector, each dated not more than ninety (90) days prior to Closing, stating that the.well and water supply
419 and the private sanitary system are in proper operating condition with no defects noted. Seller shall remedy
420 any defect or deficiency disclosed by said reports) prior to Closing, provided that if the cost of remedying a
421 defect or deficiency and the cost o.f landscaping together exceed $3,000.00, and if the Parties cannot reach
422 agreement regarding payment of such additional cost, this Contract may be terminated by zither Party.
423 Additional testing recommended by the report shall be obtained at Seller's expense. If the report
424 recommends additional testing after Closing; the Parties shall have the option of establishing an escrow with
425 a mutual co,,, allocation for necessary repairs or replacements; or either Party may terminate this Contract
426 prior to Closing. Seller shall deliver a copy of sucin evaluation(s) to Buyer not less than one (1) Business Day
427 prior to Closing.
428 _ _ = 38.WOOD DESTROYING INFESTATION: Notwithstanding the provisions of Paragraph 10,
429 within ten (10) Business Days after the Date of Acceptance, Seller at Seller's expense shall deliver to Buyer a
430 written report, dated not more than six (6) months prior to the date of Closing, by a licensed inspector
431 certified by the appropriate state regulatory authority in the subcategory of termites, stating that there is no
432 visible evidence of active infestation by termites or other wood destrovine insects. Unless otherwise aareed
433 between the Parties, if the report discloses evidence of active infestation or structural damage, Buyer has the
434 option within five (5) Business Days of receipt of the report to proceed with the purchase or declare this
435 Contract null and void.
Bt{tier Initial O®9Q. lsuyer Initial Seller Initial Seller [nitial I
Address 318 Sc,nh Street. E`• � i
V7.0
I
436 = _ _ = 39. POST-CLOSING POSSESSION: Possession shall be delivered no later than 11:59 P.M.
437 on the date that is ====== days after the date of Closing ("the Possession Date'". Seller shall be responsible
438 for all utilities, contents and liability insurance, and home maintenance expenses until delivery of possession.
439 Seller shall deposit in escrow at Closing with =___________ (check onel0 one percent (1%) of the
440 Purchase Price orp the sum of$ ________________ to be paid by Escrowee as follows:
441 (a) The sum of $ _____________ per day for use and occupancy from and including the day after
442 Closing to and including the day of delivery of Possession, if on or before the Possession Date;
443 (b) The amount per day equal to three (3) times the daily amount set forth herein shall be paid for each day
444 after the Possession Date specified in this paragraph that Seller remains in possession of the Real Estate;
445 and
446 (c) The balance, if any, to Seller after delivery of Possession and provided that the terms of Paragraph 22
447 have been satisfied. Seller's liability under this paragraph shall not be limited to the amount of the
448 possession escrow deposit referred to above. Nothing herein shall be deemed to create a
449 Landlord/Tenant relationship between the Parties.
450 40. "AS IS" CONDITION: This Contract is for the sale and purchase of the Real Estate in its
451 "As Is" condition as of the Date of Offer. Buyer acknowledges that no representations, warranties or
452 guarantees with respect to the condition of the Real Estate have been made by Seller or Seller's Designated
453 Agent other than those known defects, if any, disclosed by Seller. Buyer may conduct an inspection at
454 Buyer's expense. In that event, Seller shall make the Real Estate available to Buyer's inspector at reasonable
455 times. Buyer shall indemnify Seller and hold Seller harmless from and against any loss or damage caused by
456 the acts or negligence of Buyer or any person performing any inspection. In the event the inspection reveals
457 that the condition of the Real Estate is unacceptable to Buyer and Buyer so notifies Seller within five (5)
458 Business Days after the Date of Acceptance, this Contract shall be null and void. Failure of Buyer to notify
459 Seller or to conduct said inspection operates as a waiver of Buyer's right to terminate this Contract under
460 this paragraph and this Contract shall remain in full force and effect. Buyer acknowledges that the
461 provisions of Paragraph 10 and the warranty provisions of Paragraph 3 do not apply to this Contract.
462 = _ _ = 41. CONFIRMATION OF DUAL AGENCY: The Parties confirm that they have previously
463 consented to
464 (Licensee) acting as a Dual Agent in providing brokerage services on their behalf and specifically consent to
465 Licensee acting as a Dual Agent with regard to the transaction referred to in this Contract.
466 = _ _ = 42. SPECIFIED PARTY APPROVAL:'Tlis Contract is contingent upon the approval of the
467 Real Estate by
468 Buyer's Specified Party, within five (5) Business Days after the Date of Acceptance. In the event Buyer's
469 Specified Party does not approve of the Real Estate and Notice is given to Seller within the time specified,
470 this Contract shall be null and void. If Notice is not served within the time specified, this provision shall be
471 deemed waived by the Parties and this Contract shall remain in full force and effect.
472 = _ _ = 43. MISCELLANEOUS PROVISIONS: Buyer's and Seller's obligations are contingent upon
473 the Parties entering into a separate written agreement consistent with the terms and. conditions set forth
474 herein, and with such additional terms as either Party may deem necessary, providing for one or more of the
475 following: (check applicable boxes)
476 Q Articles of Agreement for Deed or ;Q Assumption of Seller's Mortgage ] Commercial/Investment
477 Purchase Money Mortgage Q Cooperative Apartment D'New Construction
478 O Short Sale {],Tax-Deferred Exchange Q Vacant Land
Buyer Initial�`+� C) Boyer Initial Seller Initial Seller Initial
Address 318 South Street Elgin IL 60123
v5.0
11
479 THIS DOCUMENT WILL BECOME A LEGALLY BINDING CONTRACT WHEN SIGNED BY ALL PARTIES AND
480 DELIVERED TO THE PARTIES OR THEIR AGENTS.
481 The Parties represent that the text of this form has not been altered and is identical to the official Multi-Board
482 Residential Real Estate Contract 5.0.
483 Q#JJJ �1 1.� p4TJulyp2�NEWCE 44, 201
484 Da of Off City o E
483 QQ s
486 Buy rSignature Seller Signatur Win R. Steg 1, ty Manager
487 Attest
488 Byer gnattire Seller Signature City C1 rk
489 Donald Obenauf& Elizabeth Berent Owner of Record
490 Print Buyer(s)Name(s)[Required] Print Seller(s) Name(s)[Required]
491 150 Dexter Court
492 Address Address
493 Elgin IL 60120____
494 City State Zip City State Zip
495
496 Phone E-mail Phone E-mail
497 FOR IL'\IFORMATION ONLY
498 Century 21 McMullen 13691
499 Buyers Broker MLS Seller's Broker MLS
500 Bernardo Garcia 180506
501 Buyer's Designated Agent MLS Seller's Designated Agent 110 LS
502 (630)62-6015
503 Phone Fax Phone Fax
504 bernardo.garcial77(a;bgmail.com
505 E-mail E-mail
:506 Blake Rosenburg brosinbag(a)aol.com
507 Buyer's Attorney E-mail Seller's Attorney E-mail
508 (630) 546-1018 (630)219-1846
509 Phone Fax Phone -- Fax
510 First Federal Savings Bank (847) 468-8100
511 Mortgage Company Phone IJomeowner's/Condo Association(if any) Phone
512 Diane Porto
513 Loan Officer Phone/Fax Management Co. /Other Contact Phone
514 02009, Illinois Real Estate Lawvers Association. All rights reserved. Unauthorized duplication or alteration of this form or
515 any portion thereof is prohibited. Official form available at %.%,,v�.irela.org (web site of Illinois Real Estate Lawyers
516 Association). Approved by the following organizations as of July 20, 2009
517 Illinois Real Estate Lawyers Association - DuPage County Bar Association-Will County Bar Association
518 Northwest Suburban Bar Association,Chicago Association of REALTORS°
519 Mainstreet Organization of REALTORS®-Aurora-Tri County Association of REALTORS"-West Towns Board of REALTORSe
520 REALTOR'Association of Northwest Chicagoland-REALTORO Association of the Fox Valley
521 Oak Park Area Association of REALTORS -McHenry Association of REALTORS'-Three Rivers Association of REALTORSrs
522 North Shore—Barrington Association of REALTORS°
523 Seller Rejection: This offer was presented to Seller on 20 at AM/PM
524 and rejected on 20 at AM/PM (Seller initials).
Bayer Initial �r+p• Buyer Initial J , Seller Initial Seller Initial
AddreSS 318 South Street Elgin IL 601%D V3.0
12
Loan Status Disclosure
Recommended Form - To Be Completed By Loan Officer
Borrowers/Buyers Name(s):Donald Obenauf& Elizabeth Berent
Current Address:
Street Address
City or Town State Zip
Purchase Price dollar amount prequalified, pre-approved,or approved for:
$ . Loan Amount S with a total monthly payment not to exceed S
The current status of prequalification or application status of the borrowers/buyers is:
p Prequalifi cation, WITHOUT credit review*:
The borrowers/buyers listed on this form have INQUIRED with our firm about financing to purchase a home
and the documentation they provided regarding income and down payment has been reviewed by the loan
originator listed below. It is the opinion of said loan originator that the borrowers/buyers should/would
qualify for the terms listed in the attached letter.
'Q Prequalification,WITH credit review*:
The borrowers/buyers listed on this form have INQUIRED with our firm about financing to purchase a home
and the documentation of income, down payment and credit report have been reviewed by the loan originator
listed below. After careful review, it is the opinion of said loan originator that the borrowers/buyers
should/would qualify for the terms listed in the attached letter.
This Prequalifi cation isQ WITH orQ WITHOUT Automated Underwriting approval.
Q Pre-Approval*:
The borrowers/buyers have APPLIED with our firm for a mortgage loan to purchase a home and the loan
application has been approved by an Automated Underwriting System issued or accepted by FNMA, FHLMC,
HUD or Nationally recognized purchaser/pooler of mortgage loans, and a conditional commitment has been
issued. See attached commitment.
Q Approval*:
The borrowers/buvers have APPLIED with our firm for a mortgage-loan to purchase a home and the loan
application has been reviewed by the actual lender's underwriter and conditional commitment has been
issued. See attached commitment.
*Please note that nothing contained herein constitutes a loan commitment or guarantee of financing and is
used for disclosure purposes only. See actual commitment letter for specific conditions/requirements of the
lender. All approvals are subject to satisfactory appraisal, title, and no material change to borrower(s) financial
stahts.
.Information on mortgage company issuing the prequalification,pre-approval or approval:
Originating Company's Name:
Company Address:
Street address City or Town State Zip Code
Company Phone: Fax:
Loan Originator's name: Date:
Loan Originator's signature:
Use Recommended by: Illinois Association of Mortgage Professionals;
Illinois Association of REALTORS"and Illinois Real Estate Lawvers Association
RIDER TO REAL ESTATE CONTRACT FOR THE SALE OF
318 SOUTH STREET,ELGIN,ILLINOIS,60123
This Rider to the real estate contract is made and entered into this 24th day of
July 2013, by and between the City of Elgin, a municipal corporation, (hereinafter
referred to as the "Seller') and Donald Obenauf and Elizabeth Berent (hereinafter referred to as
the "'Buyers").
WHEREAS, Buyers and Seller are concurrently with the entry into this Rider entering
into a real estate contract providing for the sale of 318 South Street Elgin, Illinois, 60123 (such
property is hereinafter referred to as the "Subject Property" and such contract is hereinafter
referred to as the "Subject Contract"); and,
WHEREAS. the parties wish to set forth their further agreements between them regarding
the sale of the Subject Property and incorpor4te this Rider into the Subject Contract.
NOW, THEREFORE, for and in consideration of the mutual undertakings in the Subject'
Contract, the undertakings in this Rider, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. As part of the Purchase Price set forth in Section 4 of the Subject Contract, and as
further consideration for the sale of the Subject Property,the Buyers shall execute a note in favor
of the Seller in the amount of$5,600.00 (the "Note," herein). The amount of the Note shall be a
credit to the Buyers at Closing for downpayment assistance, closing costs and expenses as set
forth in Section 33 of the Subject Contract. The Note shall be in a form to be provided by the
Seller, and shall include the following terms: (1) there shall be zero interest (0%) charged on the
Note unless the Buyers are in default under the Note; (2) payments on the Note shall be deferred
unless the Buyers are in default under the Note or until an event requiring repayment of the Note
occurs; (3) the Buyers shall be required to pay the amount of the Note in full to the Seller if the
_ Buyers sell or transfer the Subject Property, or if the Subject Property is no-longer used as the
' Buvers' principal residence,within five (5) years from the date of Closing;-and (4)-provided the
conditions of the Note have been satisfied, the Note shall be forgivable after five (5) years from
the date of Closing. The Note shall be secured by a recorded Mortgage in favor of the Seller in a
form to be provided by the Seller. The Note and Mortgage in favor of the Seller and described in
this paragraph shall be second and subordinate to any primary mortgage obtained by Buyers to
purchase the Subject Property pursuant to Section 11 of the Subject Contract.
2. The provisions of Section 9 of the Subject Contract, entitled "ATTORNEY
REVIEW," are amended to provide that the Buyers' attorney review period shall commence
upon the date on which the Buyers execute this Rider, as set forth below. Buyers understand and
agree that the Subject Contract and this Rider shall not be submitted to the City Council of the
City of Elgin until after the conclusion of the Buyers' attorney review period and the resolution
of any issues identified therein.
3. The provisions of Section 10 of the Subject Contract, entitled "PROFESSIONAL
INSPECTIONS AND INSPECTION NOTICES," are amended to provide that the Buyers'
- 1 -
inspection period shall commence upon the date on which the Buyers execute this Rider, as set
forth below. Buyers understand and agree that the Subject Contract and this Rider shall not be
submitted to the City Council of the City of Elgin until after the conclusion of the Buyers'
inspection period and the resolution of any issues identified therein.
4. The provisions of Section 40 of the Subject Contract, entitled "'AS IS'
CONDITION," are and shall be included as part of the Subject Contract, it being agreed and
understood that the Subject Property is being sold by the Seller to the Buyers in"as-is" condition
and that Seller will not be making any repairs nor providing any credit for repairs to the Buyers,
except as explicitly set forth in paragraphs 5 and 6 of this Rider, below.
5. Notwithstanding anything to the contrary in the Subject Contract or this Rider, it
is expressly agreed and understood that the Buyers are seeking VA financing for this transaction.
If, in the course of securing such financing, any inspections of the Subject Property identify any
repairs that are or would be required to be performed in order to obtain such VA financing, the
Buyers shall submit to the Seller written documentation of such required repairs. Upon receipt
of such documentation, the'Seller shall have five(5) business days in which to advise the Buyers,'
in writing, whether the Seller will agree to perform the required repairs. In the event that the
Seller agrees to perform the required repairs, such repairs shall be completed not less than owenty
four (24) hours prior to Closing. In the event the Seller does not agree to perform the required
repairs, or if the Seller has not notified the Buyers of its intention to perform the required repairs
prior to the expiration of five (5)business days, the Subject Contract and this Rider shall be null,
void, and of no further force or effect, and the Buyer's earnest money shall be returned to the
Buyers without further recourse.
6. The provisions of Section 3 of the Subject Contract, entitled "FIXTURES AND
PERSONAL PROPERTY, are amended to provide that the following identified fixtures and
personal property shall be conveyed to the Buyers as currently installed: dishwasher, kitchen sink
garbage disposal, central air conditioning, light fixtures. The following identified fixtures and
personal property shall be installed by the Seller not less than twenty-four (24) hours prior to the
Closing: refrigerator, free standing oven/range, microwave, washer, dryer. The appliances-io-be
installed by the Seller under this paragraph shall be in accordance with the specifications set
forth in the appliance schedule prepared by Allen Pepa Architects, dated July 23, 2010, and
bearing the identification SKI, said appliance schedule incorporated herein by this reference.
7. The provisions of Section 5 of the Subject Contract, entitled "CLOSING,'' are
amended to provide that Closing shall occur on or before
8. Notwithstanding anything to the contrary in the Subject Contract or this Rider, it
is expressly agreed and understood by the Buyers that the sale of the Subject Property is pursuant
to the federal Neighborhood Stabilization Program, and that the sale of the Subject Property is
subject to and conditioned upon compliance with all requirements of the federal Neighborhood
Stabilization Program, including but not limited to Buyers' income qualification and completion
of eight (8) hours of homebuyer's counseling, and with all applicable federal, state, city and
other requirements of law.
i
i
9. Venue for the resolution of any disputes or the enforcement of any rights arising
out of or in connection with the Subject Contract or this Rider shall be in the Circuit Court of
Kane County, Illinois.
10. The Subject Contract and this Rider are and shall be deemed and construed to be a
joint and collective work product of the Buyers and the Seller, and, as such, the Subject Contract
and this Rider shall not be construed against the other party, as the otherwise purported drafter of
same by any court of competent jurisdiction or to resolve any inconsistency, ambiguity,
vagueness or conflict, if any, in the terms and provisions contained herein.
11. This Rider is .incorporated into and made part of the Subject Contract. In the
event of any conflict with the terms of this Rider and the terms of the Subject Contract, the terms
of this Rider shall control.
12. The Subject Contract and thi$ Rider are expressly subject to and contingent upon
approval of the same by the City Council of the City of Elgin.
SIGNATURE PAGE FOLLOWS
•
IN WITNESS WHEREOF, Seller and Buyers have entered into and executed this Rider
as of the dates and year set forth below.
BUYERS: SELLER:
DONALD OBENAUF and CITY OF ELGIN
ELIZABETH BERENT
/J
Donald Obenauf can Stegall, City Man er
_ Its: '
Date:
Attest:
/
Elizab Berent Kimberly Dewis, City Clerk
Date: -f Date: July 24, 2013
J
- 4 -
EPLUMIBNG PLUMBING FIXTURES SCHEDULE FIXTURES DESCRIPTION MANUFACTURER MODEL _l_SIZE FINISH_I HOLES ALTERNATE MANUF_
LAVATORY(1ST FL) OVAL,VITREOUS CHINA,CORNER AMERICAN STANDARD 0611.40,1 CORNICE 18 1!2'X 16 WHITE ONE,TOP ELDER,KOHLER,TO'TO
PEDESTAL _ _112"
LAVATORY(2ND FL,) OVAL,SOLID SURFACE,INTEGRAL ARISTECH 20'X 17' WHITE TWO,TOP, DUPONT.WIL60NART,SWAN,
BOWL COUNTERTOP FORMICA
KITCHEN SINK TWO-BOWL,STAINLESS STELE, MOEN INC, >r 272 19 _ 337W X 22"DSTAINLESS STEEL ELKAY,AMERICAN STANDARD,
TOP.MOUNT SINK '_ KOHLER.FRANKE
KITCHEN FAUCET SINGLE KITCHEN FAUCET MOEN INC. CA87316CSL _ STAINLESS STEEL ELKAY,AMERICAN STANDARD.
• KOHLER,FRANKE
LAVATORY FAUCETS 2 HANDLE LOW ARC WIDESPREAD MOEN INC. Tun BRANTFORD SATIN CHROME 8'CENTERS ELKAY,AMERICAN STANDARD,
BATHROOM FAUCET__ KOHLER,PRICE-PFISTER
TUB ENAMELED STEEL i AMERICAN STANDARD 0138.014 64"L X 30'W WFIITE ONE, AMERICAN STANDARD,KOHLER.
STANDARD FRANKE
TU&SHOWER FAUCET 'SINGLE HANDLE TUB/SHOWER FAUCET MOEN INC. 721632520"BRANTFURD" CHROME _ ELKAY,AMERICAN STANDARD,
_ _ KOHLER,PRICF.PFISTER
WATER CLOSEST FLOOR MOUNTED,FLOOR OUTLET, AMERICAN STANDARD RESIDENTIAL.,ELONGATED WHITE FI.JFR,KOHLER
CLOSE COUPLED,VITREOUS CHINA RIM,NON-CORRODING
HINGE.,W/SEAT COVER
WATER HEATER 40 GALLON AO SMITH GCVL40 40 - KENMORE,BRADFORD WHITE,
RHEEIA
LAUNDRY 1 U SINGLE W1 LEGS CRANE FLt 23'X21' _WH 4'CENT. !OR APPROVED
APPLIANCE SCHEDULE
APPLIANCE_,_- DESCRIPTION MANUFACTURE MODEL SIZE I POWER REQ. - FINISH ALTERNATE MANUF.
--- -----'------ ------ -
REFRIGERATOR TOP FREEZER REFRIGERATOR Wl2 SPACEWISE FRIOIUAIHE� FFTR 1814E 18,2 CU FT. I20V,BOHZ,1PH„ SILVER MIST,WHITE, IAMANA,OE,LG
ADJUSTABLE WIRE SHELVES 15A BLACK
CVEN/RANGE FREESTANDING RANGE OVEN GENERAL ELECTRIC JGBSIODENCC 30"W 120V.60HZ 1PH.. STEEL.BLACK,BISQUE AMANA,LO,FRIGIDAIRE
_ 15A
MICROWAVE!EXHAUST CONVECTION OVER-I HE-RANGE MICROWAVE GENERAL ELECTRIC GE JVM1799WX PROFILE 1.7 CU.FT 12OV,6ORZ,1PH., BI A"BISQUE,ST. AMANA,LO,FRIGIDAIRE
_ 15A STEEL
DISHWASHER BUILI-IN DISHWASHER,ENERGY STAR COMPLIANT GENERAL ELECTRIC GS02lGQRCC 24'W X 25.73'0 X 12OV,6ORZ,1PH., diSQUE.BLACK,WHITE AMANA,1_0,FRIGIDAIRE
34 11H 15A
DISPOSAL CONTINUOUS-FEED HOUSEHOLD,FOOLVWASTE I148INKERA70R BADGER 5 112 HP MAY'IAG,KITCHEN-AID,AMERICAN
STANDARD.ANAHEIM
WASHER _ FREESTANDING,FRONT-LOADING UNIT LG NWM2010CW 27`W XX 2B"D X 38.14 120V,80112,1PH.. WHITE AMANA,GE,MAYTAG,KENMORE,
18A WHIRL-OOL
DRYER FREESTANDING,FRONI-LOADING GAS UNIT LG NOLG1320W 875. 30^NX 120V,801421PH., WHITE AMANA,CE,NAYTAG,KENMORE,
38 75-H 15A WHIRLPOOL
_ _ ACCESSORIES SCHEDULE
ACCESSORIES DESCRIPTION MANUFACTURER MODEL SIZE I FINISH I ALTERNATE MANUF, QUANTITY
MEDICINE CABINET SURFACE MOU14YED MEDICINE CABINET ELITE 93D7•CLASSIQUE I8"1H X 5.6"D X WHITE OR APPROVED EQUAL 2
_ MEDICINE CABINET 161VJ
TOILET PAPER DISPENSER RECESSED TOILET PAPER HOLDER FRANKLIN BRASS FUTURA CHROME OR APPROVED EQUAL 2
TOWEI,BARS CREST FIELD 10"TOWEL.BAR — FRANKLIN BRASS 125858 POLISHED OR APPROVED EQUAL 2
CHROME
NSP HOME RENOVATION am ornr+° ELGIN STUDIO, Nc
d„xr �• ALLEN�P�E n n;wLNAN UIw_suueA
318 SOUTH ST. ELGIN IL 60120 A R GG H �"�.'�=a=;°F.:e.>a<a.e>,. SK1
i
L
PLUMBING FIXTURES SCHEDULE
FAUCET
PLUMBING FIXTURES DESCRIPTION MANUFACTURER MODEL SIZE FINISH HOLES ALTERNATE MANUF.
LAVATORY(1ST FL) OVAL,VITREOUS CHINA,CORNER AMERICAN STANDARD 0011.400 CORNICE 18 112"X 18 WHITE ONE,TOP ELJER,KOHLER,TO"f0
PEDESTAL 112"
LAVATORY(2ND FL.) OVAL,SOLID SURFACE,INTEGRAL ARISTECH 20'X 17" WHITE 1 WV,70P DUPONT,WILSONART,SWAN,
BOWL COUNTERTOP _ FORMICA _
KITCHEN SINK TWO-BOWL,STAINLESS STEEL, MOEN INC. A 22219 33'W X 22"D STAINLESS STEEL ELKAY,AMERICAN STANDARD
TOP-MOUNT SINK KOHLER,FRAWK
KITCHEN FAUCET SINGLE KITCHEN FAUCET MOEN INC. CA67718C9L STAINLESS STEEL ELKAY,AMERICAN STANDARD,
KOHLER,.FRANKE
LAVATORY FAUCETS 2 HANDLE LOW ARC WIDESPREAD MOEN INC. T6820 BRANTFORD SATIN CHROME 8"CENTERS ELKAY,AMERICAN STANDARD,
BATHROOM FAUCET' _ KOHLER.PRICE-PFISTER
'IUD ENAMELED STEEL. AMERICAN STANDARD 0138,014 84"L X 10'W—N/PIITE ONE, AMERICAN STANDARD,KOHLER.
STANDARD FRANKE
TUBISHOWER FAUCET SINGLE HANDLE TUB/SHOWER FAUCET I MOEN INC. 721532520"BRANTFORD" CHROME ELKAY,AMERICAN STANDARD,
..._...._____..-__..—.__
KOHLER,PRICE-PFISTER
WATER CLOSEST FLOOR MOUNTED,FLOOR OUTLET, AMERICAN STANDARD RESIDENTIAL,ELONGATED WHITE ELDER,KOHLER
CLOSE COUPLED,VITREOUS CHINA HIM,NON-CORRODING
HINGE,W SEAT COVE_R___
WATER HEATER 40 GALLON AO SI81TH GOYL40 40 - - KENMORE,BRADFORD WHITE,
_ RHEEM
LAUNDRY 1 U iSINGLE W/LEGS CRANE 1 23"X 71-—_WH 4"CENT'. LOR APPROVED
FL
APPLIANCE_SCHEDULE
APPLIANCE DESCRIPTION MANUFACTURER MODEL SIZE POWER REQ. _ FINISH ALTERNATE MANUR
REFRIGERATOR TOP FREEZER REFRIGERATOR',/2 6PACEWISE PRIGIDAIRE FFTR1814L 19.2 CU FT, 120V,60HZ,IPH., SILVER MIST,WHITE, (AMANA,OE,LG �I
ADJUSTABLE WIRE SHELVES 15A BLACK
OVEN/RANGE FREESTANDING RANGE OVEN GENERAL ELECTRIC JGBSIBDENCC 30"W 120V,60HZ,1PH., STEEL,BLACK,BISQUE AMANA,LG,FRIOIDAIRE —�
1SA
MICROWAVE/EX141UST CONVECTION OVER•I HE-MANGE MICROWAVE GENERAL ELECTRIC GE JVM 1790WK PROFILE 1.7 CU.FT 120V,BORZ,1PH., BLACK,BISQUE,ST. AMANA,L0,FRIGIDAIRE
_ 15A STEEL
DISHWASHER BUILT-IN DISHWASHER,ENERGY STAR COMPLIANT GENERAL ELECTRIC G60210ORCC 24"W X 25.75'D X 12OV,60117,IPH., 813QUE,BIAGK,WHITE AMANA,1.0,FRIOIDAIRE
34'H ISA --
DISPOSAL CONTINUOUS-FEED HOUSEHOLD,FOOD/WASTE INSINKERATOR BADGERS 112 HP MAYTAG,KITCHEN,AID,AMERICAN
__—__ STANDARD,ANAHEIM
WASHER FREESTANDING,FRONT-LOADING UNIT LG KWM2010CW 27'W X 2911 X 36'H 120V,BOER,1PI1., WHITE AMANA,GE,MAYTAG,KENMORE,
__ISA WHIRLPOOL
DRYER FREESTANDING,FRONT'-LOADING OAS UNR LG pDLG1320W 27.'W X 301V X 120V,60H7-1PH.,, WHITE AMANA,GE,MAYTAG,KENMORE,
38.7511 15A WHIRLPOOL
ACCESSORIES SCHEDULE
ACCESSORIES DESCRIPTION MANUFACTURER MODEL SIZE I FINISH ALTERNATE MANUF. IQUANTITY
MEDICINE CABINET SURFACE MOUNTED MEDICINE CABINET ELITE 9307-CIASSIQUE Ill"H X 9.6"D X WHITE OR APPROVED EQUAL. 2
_ MEDICINE CABINET I9'W
—•— ..._....-...__...._.....
.____ .
TOILET PAPER DISPENSER RECESeED TOILET PAPER HOLDER—FRANKLIN BRASS FVIURA CHROME OR APPROVED EQUAL 2
TOWF.I,BARS CREST FIELD IO"TOWEL BAR FRANKLIN BRASS 125658 POLISHED' OR APPROVED F:QUAL 2
CHROME
NSP HOME RENOVATION � I E:110 ALLEN PEPA ELGIN STUDIO, I O
lCAl9: 6,"I,_II eC,,, X11 K
_318 SOUTH ST. ELGIN IL 60120 mil'T,b_ ,,, A R G H I E G T S n.¢.-xa;...n.,wn.... S `�