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R-80-99 Approving Village Participation in Non-tif Building and Site Grant ProgramVILLAGE OF LEM�N RESOLUTION NO. DATE to GRANT A RESOLUTION APPROVING VILLAGE PARTICIPATION IN NON - TIF BUILDING AND SITE GRANT PROGRAM WHEREAS, the Village of Lemont has adopted Ordinance 0- 72 -99, the Non -Tif Building & Site Improvement Grant, Sign Grant and Low Interest Loan Programs, to provide incentives for building reinvestment within the Village of Lemont's Non -Tif District; and WHEREAS, in accordance with the Non -Tif Building & Site Improvement Grant, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, Urban Gerharz, as the property owner for the property known as 501 State Street, has completed the Non -Tif Building & Site Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 501 State Street application for compliance with the Non -Tif Building & Site Improvement Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Building & Site Grant Agreement attached for Nine Hundred Twenty Five Dollars ($925.00) in accordance with the terms of the Non -Tif Building & Site Improvement guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on this 0.541"- day of 6c Ai ,1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT V v L/ CHARLENE SMOLLEN, Village Clerk Approved by me this `day of 1999. CHARLENE SMOLLEN, Village Clerk APPROVED AS TO FORM: ?Plage Attorne age President VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT NON -TIF DISTRICT THIS AGREEMENT, entered into this day of , between the Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following designated OWNER/LESSEE, to wit: Owner's/Lessee's Name: Address: t-0 sr_ City: • - At _ State: Zip Code: 0067-R?" Name of Business: -7k)at 3 7 Project Address(es) S cr Q WITNESSETH Whereas, the VILLAGE has established a Building & Site Improvement Grant Program for application within designated commercial areas outside of the VILLAGE Tax Increment Financing District; and Whereas, said Building & Site Improvement Grant Program is administered by the VILLAGE and is funded from General Revenues for purposes of control and prevention of blight, dilapidation and deterioration of designated areas within the Village, and Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject to its sole discretion, in sharing the cost of Building & Site Improvements to commercial establishments within the District up to a maximum of one -half (1/2) of the approved contract cost of such improvement but in no event shall the total Village participation exceed Ten Thousand Seven Hundred Fifty Dollars($ 10,750.00) for construction and architectural cost with $750.00 of that amount reserved for sign improvements only. Architectural fees shall be limited to a One Thousand Dollars ($1,000.00) reimbursement; and Whereas, the OWNER's/LESSEE's property is located within the commercial area of the Village, and the OWNER/LESSEE desires to participate in the Building and Site Improvement Grant Program pursuant to the terms and provisions of this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreement obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows: SECTION l: COST SHARING - The VILLAGE shall share in the building and site improvement cost and architect fee cost for the OWNER's/LESSEE's property up to fifty percent (50 %), up to a maximum amount not exceeding Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) for construction and architectural cost with $750.00 reserved for sign improvements. Architectural reimbursement shall be One Thousand Dollars ($1,000.00) . The actual amount per this agreement shall not exceed $ `l Z s.00 for construction cost and $ for architect fees. The building and site improvement 2 /historic preservation costs which are eligible for VILLAGE participation include all labor, materials, equipment and other contract items necessary for the proper execution and completion of the work as designated from the design drawings approved by the VILLAGE. Said design drawings and specifications are attached hereto as Exhibit IV. SECTION 2: DESIGN APPROVAL - No building and site improvement or historic preservation work shall be undertaken until the design therefore has been submitted to and approved by the Village. Following approval, the OWNER/LESSEE shall contract for the work and shall commence and complete all such work within one hundred eighty (180) days from the date of such approval. SECTION 3: REVIEW OF PROJECT - The Economic Development Coordinator shall periodically review the progress of the contractor's work on the building and site improvement and historic preservation pursuant to this Agreement. Such inspections shall not replace any required permit inspection by Village Inspectors. All work which is not in conformance with the approved drawings and specifications shall be immediately remedied by the OWNER/LESSEE and deficient or improper work shall be replaced and made to comply with the approved drawings, specifications, and terms of this Agreement. SECTION 4: DOCUMENTATION REQUIREMENTS - Upon completion of the building and site improvement/historic preservation and upon its final inspection and approval by the Building Department, the OWNER/LESSEE shall submit to the VILLAGE a properly executed and notarized contractor statement and architect fee statement showing the full cost of the work as well as each separate component amount due to the contractor and each and every subcontractor involved in furnishing labor, materials, or equipment in the work. In addition, the OWNER/LESSEE shall submit to the VILLAGE proof of payment of the contract cost pursuant to the contractor's and architect's statements. The VILLAGE shall, within thirty (30) days of receipt of the contractor's statement and proof 3 of payment issue a check to the OWNER/LESSEE in payment of: one -half of the approved cost or Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) whichever is less. In no case shall the amount paid to the OWNER/LESSEE exceed the amount specified in this Agreement or in the contractor's or architect's statements. At the time of reimbursement and throughout the term of this agreement, the land use and signage under the control of the OWNER/LESSEE shall be in conformance with zoning and sign code provisions. SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his contractor fail to complete the building and site improvement/historic preservation work provided for herein in conformity with the plans, specifications and all terms of this Agreement, the Agreement shall terminate and the financial obligation on the part of the VILLAGE shall cease and become null and void. SECTION 6: ELIGIBLE IMPROVEMENT WORK - Installation, repair and replacement of exit doors and hardware; repair, replacement or addition of exterior shutters and awnings /canopies; repair, replacements or purchase of signs when done as part of an overall building and site improvement grant; repair and replacement or installation of exterior stairs, porches, railings and exit facilities; repair and rebuilding of exterior walls, including cleaning, sealing, tuck pointing and painting; repair of window frames, sills, glazing, replacement of glass and installation of new windows; installation of landscaping such as stone or brick planters; paving for existing parking lots, lighting & striping (does not apply to new parking lots or expansion of existing parking lots); replacing or upgrading of stormwater, curbing, replacement of retaining walls, electrical wiring upgrades, sprinkler systems, fire alarm systems, elevators, interior floor, ceiling improvements, plumbing and improvements to meet ADA requirements. SECTION 7: FILING OF LIEN/MAINTENANCE OF IMPROVEMENT - Upon completion of the building and site improvement work pursuant to this Agreement and for a 4 period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly maintaining such building and site improvement/historic preservation in its finished form and without change or alteration thereto, as provided in this Agreement, and for the said period of three (3) years following completion of the construction thereof, the OWNER/LESSEE shall not enter into any Agreement or contract or take any other steps to alter, change or remove such improvement, or the approved design thereof, nor shall OWNER/LESSEE undertake any other changes, by contract or otherwise, to the improvement provided for in this Agreement unless such changes are first submitted to the Economic Development Coordinator, and any additional review body or commission for approval; which approval shall not be unreasonably withheld if the proposed changes do not substantially alter the original design concept of the building and site improvements as specified in the drawings and plans approved pursuant to this Agreement. In addition to this section, a lien on the OWNER/LESSEE property shall be filed prior to the final payout of the program reimbursement. SECTION 8: UNRELATED IMPROVEMENTS - Nothing herein is intended to limit, restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the subject premises which is unrelated to the building and site improvement provided for in this Agreement. SECTION 9: AGREEMENT APPLICABLE TO FUTURE OWNERS - This Agreement shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE and its successors, to said property for a period of three (3) years from and after the date of completion and approval of the facade improvement provided for herein. It shall be the responsibility of the OWNER/LESSEE to inform subsequent OWNER(s)/LESSEE(s) of Section 7 of this Agreement. 5 SECTION 10: MAXIMUM GRANT AWARDS - Nothing in this Agreement shall prohibit a business or property owner from applying for more than one Grant. However, a Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) total limitation shall apply to all Sign Grants, Building and Site Grants or Interest Rate Program Awards made to a single building and/or lot within any three (3) year period. For the purpose of calculating the three (3) year period, the date of the last Village payment shall be considered the start of the three (3) year period. No grant may be utilized for the same or similar building contract work, even if on a different part of the property within a ten (10) year period of the last Village payment. SECTION 11: VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION The owners of the subject property agree to defend and hold harmless the Village from any and all claims which may arise out of said owners' construction activities under this Agreement. SECTION 12: GENERAL INDEMNIFICATION - In the event that, as a result of this Agreement, or actions taken as required hereunder, the Village is made a party defendant in any litigation arising by reason of this Agreement, and development activities contemplated hereunder, the owners agree to defend and hold harmless the Village, the mayor, trustees, officers and agents thereof, individually and collectively, from any suits and from any claims, demands, setoff or other action including but not limited to judgments arising therefrom. The obligation of the owners hereunder shall include and extend to payment of reasonable attorneys' fees for the representation of the Village and its said officers and agents in such litigation and includes expenses, court costs and fees; it being understood that the owners where there shall be no applicable standards provided therein, shall have the right to employ all such attorneys to represent the Village and its officers and agents in such litigation, subject to the approval of the corporate authorities of the Village, which approval shall not be unreasonably withheld. The owners shall have the right to appeal to courts of 6 appellate jurisdiction any judgment taken against the Village or its officers or agents in this respect, and the Village shall join in any such appeal taken by the owners. SECTION 13: PERFORMANCE OF AGREEMENT - It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, which shall include the right of the parties to recover a judgment for monetary damages against each other, provided, however, that the owners shall not have a right to recover a judgment for monetary damages against any elected or appointed official of the Village for any breach of any of the terms of this Agreement. The Village reserves the right to maintain an action to recover damages or any sums which owners have agreed to pay pursuant to this Agreement and which have become due and remained unpaid. SECTION 14: EXHIBITS - It is agreed that Exhibits I through VII shall be considered part of this agreement. SECTION 15: DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL All program participants shall be required to prominently display a poster identifying the property as receiving Village funding. The sign will be provided by the Village and shall be displayed from the date the Application is approved, to no less than thirty (30) days after final approval and reimbursement is made. SECTION 16: GUARANTEE OF FUNDS - The filing of an application for Building and Site Improvement Grant in no way is a guarantee of funding by the Village of Lemont. 7 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. Program Participant Date: Property Owner Date: Form Rev. 7/99 8 VIL AGE OF LEMONT IMP es sent .1 `1 Date: ATTEST: Village Clerk Date: /O -08 -9'9, EXHIBIT I €XIIIDIT IF EXHIBITS PROOF OF OWNERSHIP IN FORM OF DEED OR TITLE INSURANCE POLICY (TAX BILL IS NOT ACCEPTABLE). • • 1. 1 • �. a • , , • .. . •. lb 5 • J■TCI TR ANTCP P(lT Try EXHIBIT III COPY OF APPLICATION EXI -IIBIT Iii EXHIBIT V CONTRACTOR'S AGREEMENT EXHIBIT VII SAMPLE LIEN SIGNED AND NOTORIZED. 9 AUG -26 -99 THU 02:04 PM FUNERAL SERVICE CU ALA LOAN POLICY — 4-640 FAX NO, 217241: EXHIBIT I )2 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8 AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 1. Lack of a right of access to and from the (and; 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Lack of priority of the lien of the insured mortgage over any stetutory lien for services, Tabor or material: (a) arising from any improvement or work related to the land which is contracted for or commenced prior to Date of Policy; or (b) arising from an improvementor work related to the and which is contracted for or commenced subsequent to Date of Policy and which is financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8, The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule A, or the failure of the assignment shown in Schedule A to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. In witness whereof, Stewart Title Guaranty Company has caused this policy to be,signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and toning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ih) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (continued on Inside cover) mum ON UCHALF OF STEWART MU GUARANTY COMPANY BY i which the Company is obligated CO pay, ffers to purchase the indebtedness as herein provided, the owner of . shall transfer, assign, and convey the indebtedness and the insured ter with any collateral security, to the Company upon payment se by the Compa ny of either of the options provided for in paragraphs atity and obligations to the insured under this policy, other than to it required in those paragraphs, shall terminate, including any liability efend, prosecute, or continue any litigation, and the policy shall be re Company for cancellation, herwtse Settle With Parties Other than the Insured or With the try' AGENT STEWART TITLE GUARANTY COMPANY Chairman of the Board ei'.4ziR14 01‘74-4 ntersrgned by: rest �–_ AotFiorized Signatory_,. Company City, Stale AUG -26 -99 THU 02:05 PM FUNERAL SERVICE CU ICORPORATEC 19C FAX NO. 2172413973 P. 03 (continued from front cover) (b) Any governmental police power not excluded by (a) above, except to the extent (hal a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other masters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured Claimant and net disclosed in writing tothe Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulling in no loss or damage to the insured claimant; (d) attaching or created subsequent 10 Date of PoliCy (exceptto the extent that this for services, labor or material), or policy insures the priority otthe hen Of the insured mortgage over any statutory lion (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage, 4. Unenforceability Of the lien of the insured mortgage because of the inebdrty or failure of the insured al Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to Comply with applicable doing business laws of the stale in which the land is situated. 5. Invalidity or unenforceability of the hen of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law, 6. Any slatutol y lien for services, labor or materials or the claim of priorrty of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the and which is contracted For and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date al Policy the insured has advanced or r5 obligated to advance. 7, Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws. 1. DEFINITION OF TERMS. The following terms when used in this policy mean, (a) "insured" the Insured named in Schedule A. The terrii "insured" also urcludes (r) the owner of the indebtedness secured by the insured mortgage and each successor in ownership oI the indebtedness except a successor wlto IS an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have hod against any predecessor insured, unless the successor acquired the indebted- ness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which isen insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; {lit) the parties designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant ": an insured claiming loss or damage, (el "knowledge" or "known ": actual knowledge, not constructive knowledge or notice which may be imputed lo an insured by reason of the public records as defined in this policy Or any other records which impart constructive notice of matters affecting the !and. (d) "(and "; the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or relerred torn Schedule A, nor any right, title, interest, estate Or easement in abutting streets, roads, avenues, alleys, lanes. ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage "; mortgage, deed of trust, trust deed, or other security instrument. (f1 "public records': records established under state statutes at Date of Policy for the purpose of imparting constroot)ve notice of matters relating 10 real property to purchasers for value and without knowledge, With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records' shall also include environmental protection liens filed in the records of the clerk of the United States district court Ior the district in which the and is located. (g) "unmarketability of the title'': an alleged or apparent matter affecting the trtleto the tend. nolextluded or excepted from coverage, which would entitle e purchaser of the estate or interest described in Sched use A Or the insured mortgage to be released from the obligation to purchase by virtue of a contractual canditiOn requiring the delivery of marketable Idle. 2. CONTINUATION OF INSURANCE, (a) After Acquisition of Title. The coverage of this policy shall continue in lorce as of Date of Policy in favor of (i) an insured who acquires all or any part Of the estate Or interest in the land by foreclosure, trustee's sale. conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (!i) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part Of the estate or interest pursuant to a contractor Ir' 'd'ance or guaranty insuring or guaranteeing the indebtedness Secured by the insut, orlgage. CONDITION$ AND STIPULATIONS (b) After Conveyance of Title, The coverage of ties policy shall conlln ue in force as of Dale of Policy in favor of an insured only so long as the insured retains an estate or interest In the land, or holds an indebtedness secured by a purchase money mortgage given bya purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured rnany transfer or conveyance of the estate or interest. This policy shall not Continue in force in favor of any purchaser from the insured of either (1) an estate or interest in the land, or (ir) an indebtedness Secured by a purchase money mortgage given to the insured. (c) Amount of Insurance; The amount of insurance after the acquisition or after the conveyance shalt in neither event exceed the feast oI: (1) the Amount of Insurance Stated in Schedule A; (ii) the amount of the principal of the indebtedness secured by the insured mortgage as of Date of Pettey, interest thereon, expenses ol foreclosure, amounts advanced pursuant to the ensured mortgage to assure compliance with laws or to protect the hen of the insured mortgage prior to the time of acquisition of the estate or interest in the laced and secured !hereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) the amour)! paid by any governmental agency or governmental instrumetafity, if the agency or lnstrumenlalily is the insured claimant, in the acquisition Of the estate or interest in satisfaction of its Insurance =street or guaranty. 3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation es set forth in Section 4(a) below, (ir) in Case knowledge shall cone 10 an insured hereunder of any claim of title or interest which is adverse to the title 10 the estate or interest or the lien ol the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to tho estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company. then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to noble the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and Then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. ta) Upon written request by the insured and subject to the options contained in Section of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of en insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes oI action alleging a defect, lien or encumbrance or other matter insured against by this peke, The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel, The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes 01 action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do eny other a Ct which in its opinion may be necessary or desirable to establish the title to the estate or interest or theiien of the insured mortgage, as insured, , . prevent or reduce loss or damage .to fie insured. The AUG -26 -99 THU 02:06 PM FUNERAL SERVICE CU Number S1352236 1. Name of Insured: FAX NO. 2172413973 P. 04 A.L.T.A. LENDER'S FORM SCHEDULE A Amount of Policy $34,246.53 Data of Policy: September 27, 1993 I.F.D.A. SERVICES, INC. 2. The estate or interest in the land described in this schedule and which is encumbered by the insured mortgage is: FEE SIMPLE. 3. The estate or interest referred to herein is at date of Policy vested in: URBAN C. GERHARZ 4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: MORTGAGE DATED SEPTEMBER 20, 1993 AND RECORDED SEPTEMBER 22, 1993 AS DOCUMENT NUMBER 93758564, MADE BY URBAN C. GERHARZ, TO I.F.D.A. SERVICES, INC., TO SECURE AN INDEBTEDNESS OF $34,246.53. 5. The land referred to in this Policy is described as follows: LOTS 6 AND 7 IN BLOCK 18 IN N.J. BROWN'S ADDITION TO LEMONT IN SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART OF LOT 6 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 6 AFORESAID, THENCE WEST ALONG THE SOUTH LINE OF SAID LOT, 15 FEET, 3 5/8 INCHES; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 25 MINUTES FROM THE WEST ALONG THE SOUTH LINE OF SAID LOT TO NORTHWEST, 28 FEET 6 INCHES; THENCE EASTERLY ALONG A LINE FORMING A RIGHT ANGLE WITH LAST DESCRIBED LINE, 7 FEET, 3 1/2 INCHES TO A POINT IN THE EASTERLY LINE OF SAID LOT, SAID POINT BEING 31 FEET, 9 1/2 INCHES NORTHWESTERLY OF THE SOUTHEASTERLY CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT, 31 FEET, 9 1/2 INCHES TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. YNTERCOUNTY TITLE COMPANY OF ILLINOIS 120 WEST MADISON STREET CHICAGO, IL 60602 (312) 977 -2600 Countersigned! This Policy valid only if Schedule is attached. NATORY AUG -26 -99 THU 02:06 PM FUNERAL SERVICE CU FAX NO. 2172413973 P. 05 A.L.T.A. LENDER'S FORM SCHEDULE B Number 51352236. This Policy does not insure against loss or damage by reason of the following: 1. GENERAL REAL ESTATE TAXES FOR THE YEAR 1993. TAX NUMBER 22- 20-320 -006, VOLUME 62. NOTE: THE 1993 TAXES ARE NOT YET DUE AND PAYABLE. 2. EXISTING UNRECORDED LEASES, IF ANY. AUG -26 -99 THU 02:06 PM FUNERAL SERVICE CU FAX NO 2172413973 P, 06 CONDITIONS AND STIPULATIONS Continued • - J (continued from reverse side of Policy Face) • Company may take any appropriate action under the terms oI this policy, whether or obligated to pay; or ' not it shall be Irabfe hereunder, and shall not thereby Concede liability or waive any (ii) to pay or otherwise settle with the insured clairnantthe loss or damage provided for provision of this policy, II the Company shall exercise its rights under this paragraph, i1 under this policy, together with any costs, attorneys' fees and expenses incurred by the shell do so diligently, insured claimant which were authorized by the Company up to the time of payment (c) Whenever the Company shall have brought an anon or interposed a defense as and which the Company is obligated to pay, required or permitted by the provisions of this policy. the Company may pursue any Upon the exercise by the Company of either of the options provided for in paragraphs Iibgation to final determination by a court of competent jurisdiction and expressly b(i) or (it), the Company's obligations to the insured under this policy for the Claimed reserves the right, in its sole discretion, to appeal from any adverse judgment or order, loss or damage, other than the payments required to be made. shaft terminate, (d) In all cases where this policy permits or requires the Company to prosecute or including any lability or obligation to defend, prosecute or Continue any litigation, provide for the defense of any action Or proceeding, the insured shall secure to the 7. DETERMINATION AND EXTENT DF LIABILITY. Company the right to so prosecute or provide defense in the action or proceeding, and This policy is a contract of indemnity agalest actual monetary loss or damage sustained all appeals therein, and permit the Company to use, at its Option, the name of the or incurred by the insured claimant who has suffered Toss or damage by reason of insured for this purpose. Whenever requested by the Company, the insured, al the matters insured against by this policy and Only to the extent herein described. Company's expense, shall give the Company all reasonable aid (I) In any Wien or (a) The liability of the Company under this policy shall not exceed the least of; proceeding, securing evidence, obtaining witnesses, prosecuting Or defending the (r) the Amount of Insurance stated in Schedule A, or, it applicable, the amount of action or proceeding, or effecting settlement, and (ii) in any other lawful act which in insurance as defined in Section 2(c) of these Conditions and Stipulations; the opinion of the Company may be necessary or desirable to establish the title to the (ii) the amount of the unpaid principar indebtedness secured by the insured estate or interest or the lien of the insured mortgage, as insured, If the Company is mortgage OS limited or provided under Section 8 oI these Conditions and prejudiced by the failure of the insured to furnish the required cooperation, the Stipulations Or as reduced under Section 9 of these Conditions and Stipulations, at Company's obligations Lo the insured under the policy shall terminate, including any the time the loss or damage insured against by this policy occurs, together with liability or Obligalien to defend, prosecute, or continue any lergation, with regard to the interest thereon; or matter or matters requiring such cooperation, {iii} the difference between the value of the insured estate or interest as insured 5. PROOF OF LOSS OR DAMAGE. and the varue oI the insured estate or interest subject to the defect, lien or In addition to and after the notices required under Section 3 of these Conditions and encumbrance insured against by this policy. Stipulations have been provided the Company, a proof of Toss or damage signed and (b) in the event the insured has acquired the estate or interest in the manncrdescribed Sworn to by the insured claimant shall be furnished to the Company within 90 days in Section 2(a) of the Conditions and Stipulations or has conveyed the title, then the after the insured claimant shall ascertain the facts giving rise to the lessor damage. The liability of the Company shall continue as Set forth in Section 7(a) of these Conditions proof of lass or damage slain describe the defect in, or lien or encumbrance on the title, and Stipulations. Or other matter insured against by this peliCy which constitutes the basis of Toss or (C) The Company will pay only those Costs, attorneys' fees and expenses incurred in damage and shall stale, to the extent possible, the basis of calculating the amount of accordance with Section 4 of these Conditions end Stipulations. the toss or damage. If the Company is prejudiced bytho failure of the insured claimant 8. LIMITATION OF LIABILITY. to provide the required proof of LOSS or damage, the Company's obligations to the (a) If the Company establishes the title, or removes the alleged defect, lien or insured under the policy shall terminate, including any liability or obligation to defend, encumbrance, or cures the lack of a right of access to or from the lend, or cures the prosecute, or continue any litigation, with regard SO the matter or matters requiring claim of unmarketabitity of title. or otherwise establishes the lien of the insured such proof of foss or damage. mortgage, all as insured, in a reasonably diligent manner by any method, including In addition, the insured claimant may reasonably be required to submit to litigation and the completion of any appeals therefrom, Itshal) have luny performed its examination under oath by any authorized representative of the Company and shall obligations with respect to that matter and shalt not be liable for any Ins or damage produce tor examination, inspection and copying, at such reasonable times and places Caused thereby. as may be designated by any authorized representative of the Company, all records, (b) In the event of any litigation, including litigation by the Company or with the books, ledgers, Checks, correspondence and memoranda, whether bearing a date Company's consent, the Company shall have no liability for Ioss or damage until there before or after Date of Policy. which reasonably pertain to the lessor damage. Further, has been a final determination by a courtier competent jurisdiction, and disposition of if requested by any authorized representative of the Company, the insured claimant all appeals therefrom, adverse to the title or 10 the lien oI the insured mortgage, as shall grant es permission, in writing, for any authorized repreSentativeof the Company insured, to examine, inspect and copy all records, books, ledgers, Checks. correspondence and (c) The Company shall not be liable for loss or damage l0 any Insured for liability memoranda in the custody or control of a third party, which reasonably pertain to the voluntarily assumed by the insured in settling any claim or suit without the prior loss or damage. All information designated as confidential by the Insured claimant written consent of the Company. provided to the Cornpany pursuant to this Section shall not be disclosed to others (d) The Company shall not be liable for (i) any indebtedness created subsequent to unless, in the reasonable judgment of the Company, It is necessary in the Date of Policy except for advances madeto protect the lien of the insured mortgage and administration Of the claim. Failure of the insured claimant to submit for examination secured thereby and reasonable amounts expended to prevent deterioration of under oath, produce other reasonably requested information or grant permission to improvements; or et) construction loan advances made subsequent to Date of Policy, secure reasonably necessary information from third parties as required in this exceptconstruclion loan advances made Subsequent to Date of Policy for the purpose paragraph, unless prohibited by law or governmental regulation, shall terminate any Of financing in whole or in pert the construction of an improvementto the land which at liability of the Company under this policy as to that Claim. Date of Policy were secured by the insured mortgage and which the insured was and 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. continued to be obligated to advance at and elter Date of Policy. In case of a claim under this policy, the Cornpany shall have the following additional 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION DF LIABILITY. opti0ns. (a) All payments underthis policy, except payments made for costs, attorneys' fees and (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the expenses, shall reduce the amount of the insurance pi o Canto. However, any payments Indebtedness. made prior to the acquisition of title to the estate or interest as provided in Section 2(a) (I) to payor Lender payment of the amount of insurance under this policy together of these Conditions and Stipulations shall not reduce pro tank) the amount of the with any costs, attorneys' feee and expenses incurred by the insured claimant, insurance afforded under this policy except to the extent that the payments reduce the which were authorized by the Company, up to the Lime of payment or tender of amount of the indebtedness secured by She insured mortgage. payment and which the Company Is obligated to pay; or fb) Payment in part by any person of the principal of the indebtedness, or any other (Ii) to purchase the indebtedness secured by the insured mortgage for the amount obleatron secured by the insured mortgage, or any voluntary partial satisfaction or owing thereon together with any costs, attorneys' fees and expanses incurred by release of the insured mortgage, to the extent of the payment, satisfaction or release, the insured claimant which were authorized by the Company up to the bmc of shall reduce the amount of insurance pro tanto. The amount of insurance may purchase and which the Company is obligated to pay. lherealter be increased by accruing interest and advances made to protect the lien of tithe Company offers to purchase the indebtedness as herein provided, the owner ol the insured mortgage and secured thereby, with interest thereon, provided in no event the indebtedness shall transfer, assign, and convey the indebtedness and the insured shalt the amount of insurence be greater than the Amount of Insurance staled in mortgage, together with any collateral security, to the Company upon payment Sehedute A. therefor. (c) Payment in full by any person or the voluntary satisfaction or release of the insured Upon the exercise by the Company of either of the options provided fur in paragraphs mortgage shall terminate all liability of the Company except as provided in Section 2(a) a(i) or (u), an liability and obligations to the insured under this policy, other than to of these Conditions and Strpulations. make the payment required in those paragraphs, shall terminate, including any liability 10, LIABILITY NONCUMULATIVE. or obligation to defend, prosecute, or continue any litigation, and the policy shalt be If the insured acquires title to the estate or interest in satisfaction of the indebtedness surrendered to the Company for Cancellation. secured by the insured mortgage, or any part thereof, it is expressly understood that (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the the amount of insurance under this policy shall be reduced by any amount the Insured Claimant. Company may pay under any policy inswing a mortgage to which exception is taken rn ti) to pay or otherwise settle with other parties for or in the name ol an insured Schedule 8 or to which the insured has agreed, assumed, ortaken subject, or which is claimant any claim insured against under this policy, together with any costs, hereafter executed by an insured and which Is a charge or hen on the estate or interest attorneys' fees and expenses incurred by the insured claimant which were described or referred to in Schedule A, and the amount s0 paid Shall be deemed a authorized by the Company up to the time of payment and which the Company is payment under this policy. (continued and concluded on reverse side) AUG -26 -99 THU 02:08 PM FUNERAL SERVICE CU • 11. PAYMENT'OF LOSS. FAX NO. 2172413973 P. 07 conditions and stipulations continued and concluded (a) No payment shaft be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss ordamage shalt be payable within 30 days thereafter, 12. SUBROGATION UPON PAYMENT OR SETTLEMENT, (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to ail rights and remedies which the insured claimant would have had against any person or property in respect to the Claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company ail rights and remedies against any person or property necessary in order to perfect this right of subrogation, The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies, If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by the insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any co(laleral security for the indebtedness. When the permitted acts of the insured claimant oecUr and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of the insured mortgage as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shah exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation, (c) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against noninsured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of the insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these co rn -1 Oral - ID r O Z • � mN as om =° z * 0o 33 T- O Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this pokey, notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising ovt of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation, All arbitrable matters when the Amount of Insurance is 51,000,000 or less shall be arbitrated at the option of either the Company or the insured. Al i arbitrable matters when the Amount of Insurance k in exeass of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbilration is made or, at the option of the Insured, the Rules In effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the Jaws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The taw of the sites of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14, LIABILITY LiMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (e) This policy together with all endorsements, Kane. attached hereto by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be Construed as a whole. (b) Any claim of loss or damage. whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy, (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15, SEVERABILITY, In the event any provisior of this policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect, 16. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O, Box 2029, Houston, Texas 77252. if you will send a copy of the policy, it will expedite and aid the prompt handling of claims hereunder. B061 a31VIJOd*JOONi 968L 0314S118V153 AUG -26 -99 THU 02:08 PM FUNERAL SERVICE CU for services, labor or material); or (e) resulting in loss or damage which would not have been sustained If the insured claimant had Oaid value for the Insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the slate in which the land is situated. 5. Invalidity or unenforceabitity of the lien of the insured mortgage, or claim thereof, which erises out of the transaction evidenced by the rnsured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the and which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out Of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, stale insolvency, or similar creditors' rights laws, ESTABLISHED 189( ICORPORATED 19( FAX NO. 2172413973 P. 08 (continued from front cover) (b) Any governmental peke power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects. liens, encumbrances. adverse claims or other ,natters (a) created, suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in the public records al Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) allaching or created subsequent to Date of Policy (exceptto the extent that this policy Insures the priority of the lien of the insured mortgage over any statutory Lien CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The lollowing terms when used in this policy mean: (a) "insured "; the insured named in Schedule A, The term "insured" also includes (i) the owner of the indebtedness secured by the Insured mortgage and each successor in ownership of the indebtedness except a SuCCe$sOr who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebted- ness aS a purchaser for value without knowledge of the asserted defect lien, encumbrance, adverse claim or other matter insured against by this policy as affecting btle to the estate or interest in the land); (if) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness Secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(o) of these Conditions and Stipulations. (b) 'insured claimant ": en insured claiming loss or damage, (c) "knowledge" or "known ": actual knowledge. not constructive knowledge or notice which may be imputed to an Insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land, (d) "land ": the !and described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument, f) "public records "; records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmerkelability of the bile ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. (a) After Acquisition of Title. The coverage of this policy shall continue in farce as of Date of Policy in favor of (I) an insured who acquires all or any pert of the estate or interest in the and by foreclosure, trustee's sale, conveyance zn lieu of foreclosure, or other legal manner which discharges the lien of the insured Mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds: and (lit} any governmental agency or governmental instrumentality which acquires all or any sspartof the estate or interest pursuant toe contractor iessirence or guaranty insuring or guaranteeing the illdeatrtdmess secured by the insui rartgaga. (b) After Conveyance of Title. The coverage of this policy shall Continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the Insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (1) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. (c) Amount of Insurance: The amount of insurance after the acquisition or after the conveyance shall in neither event exceed the least of: (I) the Amount of Insurance stated in Schedule A; (ii) the amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the Insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (lit) the amount paid by any governmental agency or governmental instrumetalrly, If the agency or instrumentality is the insured claimant, In the acquisition of the estate or interest in satisfactron of its insurance contract or guaranty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigatron as set lorth in Section 4(e) below, (if) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause lessor damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage. as insured, is rejected as unmarketable. if prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (e) Upon written request by the insured and subject to theoptions contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third parts asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter Insured against by this policy. The Company shall have the right to select counsel of its choice (subject he the right of the insured to object for reasonable cause) to represent the rnsured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel, The Company will not pay any fees, casts or expenses incurred by the insured In the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost to institute and prosecute any action or proceeding or to do any other a ct which in its opinion may be necessary or desirable to establish the title to the estate or interest or th(tien of the insured mortgage, as insured, prevent or reduce loss or damage to fie irfsured. The 1 Project Address(es): Building Owner: mere /Company Name: Name of Tenant: Applicant Name: File Number: VILLAGE OF LEMONT BUILDING & SITE IMPROVEMENT GRANT PROGRAM NON -TIF APPLICATION EXHIBIT III ear Purchased: Lease Expiration Date: Applicant Name: Applicant Business Address: Sp i Applicant Business Phone: _ Applicant(s): Building Owner. Affil Home Phone: Tenant: ea(PI 7- 6/33 Number of Store Fronts: Total Anticipated Budget: Total Anticipated Grant Request: $ /r50, o c) $ o Desertion of Proposed Im rovements:* / 6 F/,'►511 eTQ' )u/n) 0A) Sr-7-11 S 7 c) * Attach elevations of proposed improvements (if available) Applicant Name: File Number: PICTURE OF STORE FRONT: Applicant Name: File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST Total Anticipated Grant Request: $ Architect for the Project: Name: Address: Phone: Contractor for the Project: ALel TO a /la L. 112- e 4710 /k) Name: Address: Phone: ?67 4'1417 44.A/JSCOy( r vJI sQ f Application will be reviewed by the Economic Development Coordinator , Building Department, and Community Development Director. STATE OF ILLINOIS } } SS: COUNTY OF COOK } I, the undersigned, a Notary Public in and said unty, in he State aforesaid, DO HEREBY CERTIFY that U VZ 1 k3 is known to me to be the same person(s) whose name(s) is /are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he /she /they signed, sealed, and delivered the said instrument as a free and voluntary act for the uses and purposes therein set forth. OFFICIAL SEAL ELIZABETH VALENT NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXP. MAR. 18,2002 This instrument was prepared by: VILLAGE OF LEMONT 418 Main Street Lemont, Illinois 60439 (630) 257 -6440 Applicant Name: File Number: I, (J k 2, hereby make application to the Village of Lemont for a Building & Site Improvement Grant Program in the anticipated amount of $ 1'4x,0. �� . I understand that my application must be approved by the Village and that it must conform to established design guidelines, as well as, specific design recommendations of the Village of Lemont. I have read a copy of the Building & Site Improvement Grant Program Agreement and lien provisions. If approved, I understand that all work performed is subject to development, building, permit, and agreement provisions. App 'cant Signature Date Building Owner Please return the completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 If you need-assistanee with the application and/or have general inquiries, please contact the Economic Development Coordinator at (630) 257 -6440. NATURAL CREATIONS LANDSCAPING INC. EXHIBIT V Landscape Design & Construction Firm BRICK WORK PROPOSAL Submitted to : Ged1ar2 ?I•er t f /-Q, 501 5- `a. tC 3 reel � & fr — a l , �L b O /3 i roe o Li nac)jn S-tate 5 " Job Location : Phone : Date Submitted : at • r Specifications and Estimate 3000 Hobson Road Downers Grove, IL 60517 708 - 960 -9448 Fax: 708 -960 -9476 lk : Furnish and install according to the plan with 4 inch base of lime -stone screening and 1 inch of sand with plastic edging. Approx. area: Lidierlyp Sum of `/srs h ac) . 2. Driveway and /or shoulders along the driveway: Furnish and install according to the plan with a 6 inch base of lime -stone screening and 1 inch of sand with plastic edging. Approx. area : / 14 pr) to r'► r n2 Loa 1/ to ;-i-1-1 key one f e a 3. Restoration of the site : After the brick job is completed the contractor will restore all the sides with top -soil and seed as needed. 4. Removal : From the site all the debris generated from the job will be removed by the contractor. 5. Interpretation : It is mutually understood and agreed that the building process is best accomplished with a certain degree of latitude. In order that we provide the maximum creative brick work possible,Natural Creations Landscaping, Inc. retains the right to make such changes as it deems necessary so long as they are not in substantial variance with the plan. 6. Access to the site : It is expected that we will have free and continual access to the site until the contract is completed. con' • 7. Contract cost and payment: The above listed materials and services are to be supplied for the sum of. $ Ak- 1 & �p vI` . A mobilization charge of $ 1,000"` shall be due and payable upon signing of contract. Final billing will be made upon completion of the work and shall be payable in order to validate the stated guarantees. 8. Extra work: Any additional work performed outside of this contract shall be billed separately. It is mutually agreed that all material furnished hereunder shall remain in the property of contractor until al payment specified herein have been made in full and that contractor may regain possession there of without notice to purchasers upon default in any of the payments specified herein. One year warranty: All materials and workmanship carry a corrections and replacement guarantee for a period of one year after placement. Natural Creations Landscaping. Inc., cannot be held responsible for acts of God or damage by others. Your signature affixed to the duplicate copy of this proposal shall constitute a contract between us in the amount of $ 1t3 S 0 • • Purchaser's Signature Jose M. G President NATURAL CREATIONS LANDSCAPING, INC. EXHIBIT VII AGREEMENT CREATING LIEN ON REAL ESTATE e undersigned, V R r3 k, d e A. L m ,wner($ of kit P'2-- , Lemont, Illinois, having applied for Building & Site Improvement Grant Program from the Village of Lemont through General Financing does hereby grant a 'en to the Village of Le sont, a Municipal Corporation, in the amount of„ - , �� `—.` Iu collar $ 0Z on the property commonly known as �- �.Yt 1...- K.,14).0.2 Z e nt, Illinois 60439, and legally described as follows: Permanent Index Number: a o�i. D 3,2.0 08 6 - oO The undersigned acknowledges that the aforesaid lien shall exist from the date of this instrument, and shall become due if any facade alterations occur less than three years after grant work completion. If this condition occurs, then the lien shall be payable to the Village of Lemont. If this condition does not occur, then the lien shall be removed. The undersigned grants to the Village of Lemont the right to assign, transfer or set over to any other municipal corporation or any part thereof all of the right, title and interest in and to said lien without reservations. q DATED this 42 day of r _ S _ 199; 1rfr_-4./`'�:111.• 4 Form Rev. 4/99 STATE OF ILLINOIS } } SS: COUNTY OF COOK } I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that tok R.B4N C . Q a K i4A £Z is known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he /she /they signed, sealed, and delivered the said instrument as a free and voluntary act for the uses and purposes therein set forth. ki44- -- 3QAAAes Notary Public This instrument was prepared by: VILLAGE OF LEMONT 418 Main Street Lemont, Illinois 60439 (630) 257 -6440 OFFICIAL SEAL DONNA BARANOSKI NOTARY PUBUC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8.12.2000