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HomeMy WebLinkAbout8440 CALLIE ESCROW TRUST AGREEMENT DATED: December 4,2009 li SCHEDULED CLOSING DATE: December 28,2009 COMMITMENT NUMBER:008283081 TO: Chicago Tide Insurance Company DEFINITIONS. The following terms shall have the meanings set forth opposite each: A. Association: Woodlands Of Morton Grove Condominium Association !F B. Association's Attorney: John Bickley,III,Kovitz Shifrin Nesbit.750 Lake Cook Road, Suite 350, Buffalo Grove,IL 60089;847.537-0500(phone) C. Escrow Agreement: This Escrow Trust Agreement.. B. Permitted Title Exceptions: Real estate taxes for 2009 and subsequent years;acts done or suffered by Purchaser;and the following exceptions that appear on Schedule B of the Title Commitment:D, E,F,G and I. C. Purchaser: The Village Of Morton Grove,Illinois,an Illinois Municipal Corporation. D. Purchaser's Attorney: Theresa Hoffman Liston,8720 Ferris Avenue,Morton Grove,Illinois; E. Property: Legally described on Exhibit A attached hereto. i F. Seller: Parkway Bank&Trust Company,as trustee under trust agreement dated September 12,2003 and known as Trust#13636,do The Elliott Group,Inc., 1440 Lee Street, Morton Grove, IL 60053; FEIN#36-4378429. G. Seller's Attorney: Michael J. Elliott, Elliott & Associates Attorneys, P.C., 1430 Lee Street, Des Plaines,Illinois 60018. Phone 847.368.0328. Fax 847.298.8388. H. Seller's Closing Proceeds: The net amount due Seller as indicated on Seller's Closing Statement which bears the signature of Seller or its attorney. 1. Title Commitment: That title insurance commitment issued by Chicago Tide Insurance Company bearing an effective date of June 10,2008 identified as file number 1409 008283081. II. DEPOSITS. i I A. Seller's Deposits. Seller does hereby or shall deposit the following with you: 1. Trustee's Deed with Village of Morton Grove exemption stamp affixed. 2. Signed Agreement between Woodlands Of Morton Grove Condominium Association, Village Of Morton Grove and Woodlands Of Morton Grove, LLC (the "3 Party Agreement"). 3. Signed Contract For The Purchase Of Vacant Land Commonly Known As The Woodlands Triangle between The Village of Morton Grove and The Elliott Group, Inc. (the "Real Estate Contract"). ',. 4. Signed 18th Amendment To The Second Amended And Restated Declaration Of Condominium Ownership And Of Easements, Restrictions, Covenants And By-Laws For The Woodlands Of Morton Grove Condominium Association ("18th Amendment To Declaration"). 5. Proof of payment(redemption)of the 2007 and 2008 real estate taxes. 6. Affidavit of Title; 7. ALTA Statement; 8. Assignment Of Claims 9. Assignment Of Contract And Cause Of Action 10. Release deed from AHW Enterprises,Inc.(regarding exception#R); 11. Closing Statement; 12. Pay proceeds letter from Parkway Bank & Trust Company directing that the proceeds be payable to Woodlands Of Morton Grove,LLC; 13. Pay proceeds letter from Woodlands Of Morton Grove,LLC directing that the proceeds be payable to The Woodlands Of Morton Grove Condominium Association; 14. Plat Of Survey Of The Woodlands Of Morton Grove Parcel T—Woodlands Triangle (10) copies; 15. FIRPTA Statement; 16. GAP Undertaking;and 17. 1099 Solicitation Form. B. Purchaser's Deposits. Purchaser does hereby or shall deposit the following with you: 1. The purchase price of the Property plus or minus prorations and credits as indicated on the Seller's Closing Statement; 2. Signed 3 Party Agreement; 3. Signed Real Estate Contract; 4. Signed ALTA statements. C. Association's Deposits. The Association does hereby or shall deposit the following with you: 1. Signed 17th Amendment To The Second Amended And Restated Declaration Of Condominium Ownership And Of Easements, Restrictions, Covenants And By-Laws For The Woodlands Of Morton Grove Condominium Association (the "17ih Amendment To Declaration") 2. Signed 18th Amendment To Declaration. 3. Signed 3 Party Agreement. 4. Release of Lien in favor of Woodlands Of Morton Grove Condominium Association (exception Y). 5. Paid assessment letter from the Woodlands Of Morton Grove Condominium Association (exception N). III. RECORDING-DISBURSEMENT. A. When you have received all of the deposits described above, when you are prepared to issue your ill Owner's Title Insurance Policy insuring Purchaser in the full amount of the purchase price subject only to the Permitted Exceptions (defined in Section I above), with extended coverage, and when you are prepared to disburse Seller's Closing Proceeds to Seller,then you are to proceed as follows: (1) Record the 17th Amendment To Declaration; (2) Record the 18th Amendment To Declaration; (3) Record the Trustee's Deed; (4) Record the Release Deed regarding exception R (5) Record the Release Deed regarding exception Y; (6) With regard to the net proceeds due Seller pursuant to the Closing_ Statement, pay such proceeds to the Association and mail the proceeds check to the Association's Attorney. I�, (7) Mail to the Association the original of Seller's deposits#8 and#9. (8) Mail copies of all of all deposits and a copy of the signed RESPA and/or Disbursement Statement to the attorneys for Seller, Buyer and the Association. Please have Purchaser sign and/or complete these where indicated. (9) Please note: Larry Eisen in your Mt. Prospect office has approved extended coverage and has cleared title. Please see notations in your computer system. ',. B. If by the close of business on the Scheduled Closing Date you are not prepared to issue your Owner's Title Insurance Policy as indicated above or you are not prepared to disburse Seller's Closing Proceeds to Seller,you shall be authorized and directed to continue to comply with the terms of this Escrow Agreement until receipt of a written demand from Purchaser's Attorney, Seller's Attorney or the Association's Attorney for the return of the deposits made by such party. If you receive such a demand from any such party you shall then return all deposits to the respective depositors thereof. IV. MISCELLANEOUS. II A. If the terms of this Escrow Agreement direct you to continue to comply with the terms of this Escrow Agreement following expiration of a time limit for making a deposit until demand is received from the other party, unless otherwise provided herein, the deposit may be made and accepted at any time prior to receipt of the demand and the default will be cured by said deposit. B. Except as to deposits of funds for which you have received express written direction concerning investment or other handling, you shall be under no duty to invest or reinvest any deposits at any time held by you hereunder. You may commingle any deposits with other deposits or with your own funds in the manner provided for the administration of funds under Section 3 of the Illinois Banking and Finance Act(c.17,par 1555 III. Rev. Stat.) and you may use any part or all such funds for your own benefit without obligation to any party for interest or earnings derived thereby, if any. Notwithstanding the foregoing however, nothing herein shall diminish your obligation to apply the full amount of the deposits in accordance with the terms of this Escrow Agreement. I C. Whenever under the terms and provisions of this Escrow Agreement the time for performance falls upon a Saturday, Sunday or holiday, such time for performance shall be extended to the next business day. D. You are authorized to sign Seller's name to the RESPA statement (provided the amount payable to Seller on your RESPA statement is equal to the amount due Seller from Seller's closing statement) and your agency escrow disbursement agreement. E. Seller's FEIN number is: 36-4378429. Seller's forwarding address is 1440 Lee Street, Des Plaines, Illinois 60018. F. Billing Instructions • Bill the Association for the cost of recording the 17th and 186'Amendments to the Condominium Declaration. • Bill Seller for recording the release deeds. • Bill Seller and Buyer each for 1/2 of your closing fee. A CEPTED: VV' Attornel for Sell._ Attorney farchaser 1 �J Attorney for Association Chicago Title Insurance Company /II BY La\ � / ,-------/ (8) Mail copies of all of all deposits and a copy of the signed RESPA and/or Disbursement Statement to the attorneys for Seller, Buyer and the Association. Please have Purchaser sign and/or complete these where indicated. (9) Please note: Larry Eisen in your Mt. Prospect office has approved extended coverage and has cleared title. Please see notations in your computer system. B. If by the close of business on the Scheduled Closing Date you are not prepared to issue your Owner's Title Insurance Policy as indicated above or you are not prepared to disburse Seller's Closing Proceeds to Seller,you shall be authorized and directed to continue to comply with the terms of this Escrow Agreement until receipt of a written demand from Purchaser's Attorney, Seller's Attorney or the Association's Attorney for the return of the deposits made by such party. If you receive such a demand from any such party you shall then return all deposits to the respective depositors thereof. IV. MISCELLANEOUS. A. If the terms of this Escrow Agreement direct you to continue to comply with the terms of this Escrow Agreement following expiration of a time limit for making a deposit until demand is received from the other party, unless otherwise provided herein, the deposit may be made and accepted at any tune prior to receipt of the demand and the default will be cured by said deposit. B. Except as to deposits of funds for which you have received express written direction concerning investment or other handli ° you shall be under no duty to invest or reinvest any deposits at any time held by you hereunder. You may commingle any deposits with other deposits or with your own funds in the manner provided for the administration of funds under Section 3 of the Illinois Banking and Finance Act(c.17,par 1555 Ill.Rev. Stat.)and you may use any part or all such funds for your own benefit without obligation to any party for interest or earnings derived thereby, if any. Notwithstanding the foregoing however, nothing herein shall diminish your obligation to apply the full amount of the deposits in accordance with the terms of this Escrow Agreement. C. Whenever under the terms and provisions of this Escrow Agreement the time for performance falls upon a Saturday, Sunday or holiday, such time for performance shall be extended to the next business day. D. You are authorized to sign Seller's name to the RESPA statement(provided the amount payable to Seller on your RESPA statement is equal to the amount due Seller from Seller's closing statement) and your agency escrow disbursement agreement E. Seller's FEIN number is: 36-4378429. Seller's forwarding address is 1440 Lee Street, Des Plaines, Illinois 60018. F. Billing Instructions • Bill the Association for the cost of recording the I7u and 18ih Amendments to the Condominium Declaration. • Bill Seller for recording the release deeds. • Bill Seller and Buyer each for 1/2 of your closing fee. Lib,CEPTED: . Lt.... Attorney for Seller Attor y fo •u .eerr/ ye / LL lv ss�ifs� i�f ttomey for Association � // / i/ Chicago Title Insurance Company BY: ITS: PARTIAL RELEASE KNOW ALL MEN BY THESE PRESENTS, AHW ENTERPRISES, INC. an Illinois corporation ("Mortgagee"), (Above Space For Recorder's Use Only) r7 for and in consideration of the payment of the sum of Ten Dollars ($10.00) and other good and Cs valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby REMISE, CONVEY, RELEASE AND QUIT CLAIM unto PARKWAY BANK AND TRUST ) COMPANY, not personally but as Trustee under Trust No. 13636, all the right, title, interest, Os claim or demand whatsoever that Mortgagee may have acquired in, through or by a certain Mortgage dated September 24, 2003, recorded in the Office of the Recorder of Deeds of Cook County, in the State of Illinois, as Document No. 0328135118 (the "Mortgage"), to that portion of the premises therein described which is legally described on Exhibit A attached hereto, situated in the Village of Morton Grove, County of Cook and State of Illinois, together with all the appurtenances and privileges thereunto belonging and appertaining. This Release is in no way to operate to discharge the lien of said Mortgage upon any other portion of the premises described therein,but it is only to release the portion particularly described on Exhibit A and none other; and the remaining or unreleased portions of the premises in said Mortgage described are to remain as security for the payment of the indebtedness secured thereby and for the full performance of all the covenants, conditions and obligations contained in said Mortgage. IN WITNESS WHEREOF, Mortgagee has caused this instrument to be duly executed this a34W day of June, 2005. AHW ENTERPRISES, INC., an Illinois corporation By: < 7/ t r- STATE OF ILLINOIS ) )SS COUNTY OF COOK ) The foregoing instrument was acknowledged before me, al . IS ud a Notary Public, this ASAilday of 2005 by SeS -v (4? E5 �� ✓(c,president of AHW Enterprises, Inc., for the a es and purposes therein set forth. el JA, •i FI f ,:%_ Notai Publio Lisa M. Tidwell Notary Public,Stay'of!I!inois My Commission Exp.09/17/2007 This Instrument Was Prepared By: Return to After Recording: Jeffrey C. Rappin, Esq. Michael Elliott 566 W. Lake Street, Suite 400 Elliott &Associates Chicago,Illinois 60661 1430 Lee Street Des Plaines, Illinois 60018 g:Uegal\W ohlers\M ortonGrove\Parti alRelease.wpd 6/3/02 EXHIBIT "A" 1 I i PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79 .48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. II P111#10-20121-045-1091 05/17/2005 00:47 FAX. 847 673 0845 CHICAGO TITLE 2001 CHICAGO TITLE INSURANCE COMPANY 8707 SKOKIE BLVD. STE 302, SKOKIE, IL 60076 FAX TRANSMITTAL TO: ELLIOTT & ASSOCIATES Al IN; JOANNE NELSON FAX: 847-298-8388 DATE: 05/17/05 FROM: KIM BROWN PHONE: 847-677-3410 FAX: 847-677-2890 RE: ORDER NUMBER - 1409 008283081 SK There are pates (including this cover sheet) to this document. If you have any problems with the receipt of this document, please contact me at the phone number t.bove. ADDITIONAL COMMENTS. LNSTRUCTIONS, ETC: HI JOANNE, HERE IS THE CONTIITNENT REGARDING THE WOODLANDS TRIANGLE. HAVE A GREAT DAY! The materials encicsed with this facsimile transmission are private and confidential and are the property of the sender.The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above.If you are not the intended recipient, be advised that any unauthorized disclosure,copying or distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this facsimile transmission in error, please • immediately notify us by telephone to arnnee for the return of the forwarded documents to us. tnzraANs G5/17/2005 00:47 FAX 847 673 0645 CHICAGO TITLE U002 CHICAGO TITLE INSURANCE COMPANY 1::::1 (INVOICE AS OF 05/17/05) PAGE: 01 OFFICE: 01409 ORDER NUMBER: 008283081 ESCROW NUMBER: ACCOUNT NUMBER: 0505626-000 CONTRACT NUMBER: ELLIOTT & ASSOCIATES DATE ORDER RECEIVED: 05/09/05 1430 LEE STREET REFER INQUIRIES TO: DES PLAINES, IL 60018-1517 CHICAGO TITLE INSURANCE - SKOKIE (847) 677-3410 KB1 ATTENTION: JOANNE NELSON BUYER/BORROWER: THE VILLAGE OF MORTON GROVE SELLER/OWNER: THE WOODLANDS OF MORTON GROVE LLC CUSTOMER REFERENCE: EGI 16290/WOODLANDS TRIANGLE POLICIES APPLIED FOR: ALTA OWNERS 1992 $ 10,000.00 RES PA LINE DESCRIPTION OF ITEMS 1108 TITLE INSURANCE-MINIMUM ORDER 500.00 TOTAL CUSTOMARY SELLER/OWNER CHARGES: 500.00 TOTAL INVOICE: 500-00 MISCELLANEOUS DEBITS: .00 PAYMENTS/CREDITS: .00 NET AMOUNT DUE: 500.0D *********************R****************************************************************** ACCOUNT NUMBER: 0505626-000 ORDER NUMBER: 008283081 NET AMOUNT DUE: 500.00 01409: 503.00 THANK YOU FOR PLACING YOUR ORDER WITH CHICAGO TITLE PLEASE RETURN A COPY WITH REMITTANCE TO: 171 N CLARK STREET MLC 2NW CHICAGO, IL 60601-3294 '05/17/2005 00:47 FAX 847 673 0645 CHICAGO TITLE la 003 COMMITMENT FOR TITLE LE INSURANCE Chicago Title Insurance Company Providing Title Related Services Since 1847 CHICAGO TITLE INSURANCE COMPANY,a Missouri corporation,herein called the Company,for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A (which policy or policies cover title risks and are subject to the Exclusions from Coverage and the Conditions and Stipulations as contained in.;aid policy/ies)in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or h derest in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor,all subject to the provisions of Schedules A and B hereof and to the Commitment Conditions and Stipulations which are hereby incorporated by reference and made a part of the Commitment.A complete.copy of the Commitment Conditions and Stipulations is available upon request and such include,but are not limited to.the proposed Insured's obligation to disclose,in writing,knowledge of any additional defects,liens, encumbrances.adverse rlairis or other matters which are not contained in the Commitment;provisions that the Company's liability shall in to event exceed the amount of the policy/its as stated in Schedule A hereof,must be based on the terms of this Commitment,shall be only to the proposed Insured and shall be only for actual loss incurred in good faith relian:e on this Commitment;and provisions relating to the General Exceptions,to which the policy/ies will be subject unless the same are disposed of to the satisfaction of the Company. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by issuance of a revised Commitment. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall I:ease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Comp ny_ This Commitment is based upon a search and examination of Company records and/or public records by the Company. Utilisation of the information contained herein by an entity other than the Company or a member of the Chicago Title and Trust Family of Title Insurers for the purpose of issuing a title commitment or policy or policies shall he considered violation of the proprietary rights of the Company of its search and examination work product. This Commitment shalt not 7c valid or binding until signed by an authorized signatory. Issued By; CHICAGO TITLE INSURANCE COMPANY By CHICAGO TITLE INSURANCE COMPANY 6707 SKOKIE BLVD.STE 302 áiE. SKOKIE, IL 60076 ufhorizad Sigrtabry lid (647)677.3410 ,�uz;`, iy, Commitment No.: 1409 008283081 sK COMMIT a;ca as x61 05/17/05 • • '05/17/2005 00:48 FAX 847 673 0645 CHICAGO TITLE Q1004 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A YOUR REFERENCE: EGI 1629)/WOODLANDS TRIANGLE ORDER NO. : 1409 008283081 SK EFFECTIVE DATE: APRIL 29, 2005 1. POLICY OR POLICIES TO BE ISSUED: OWNER'S POLICY: ALTA OWNERS 1992 AMOUNT: $10,000.00 PROPOSED INSURED: THE VILLAGE OF MORTON GROVE 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS A FEE SIMPLE UNLESS OTHERWISE NOTED. 3. TITLE TO SAID ESTATE OR INTEREST IN SAID LAND IS AT THE EFFECTIVE DATE VESTED IN: PARKWAY BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 12, 2003 AND KNOWN AS TRUST NUMBER 13636 4. MORTGAGE OR TRUST DEED TO BE INSURED: NONE N.HCSA1 x(81 PAGE Al KB1 05/17/05 12:38:01 V5/17/2005 00:48 FAX 847 673 0845 CHICAGO TITLE (m 005 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A(CONTINUED) ORDER NO.: 1409 008283081 5K 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COON COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE REST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKE-ST. PAUL 9 PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.52 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 79.26 FEET; THENCE SOUTH 55 DEGREES 40 MINUTES 08 SECONDS WEST, 82.59 FEET; THENCE SOUTH SOUTH 20 DEGREES 44 MINUTES 26 SECONDS WEST, 62.68 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 214.40 FEET TO SAID POINT OF BEGINNING, CONTAINING 12,508 SQUARE FEET, MORE OR LESS, ALL IN NILES, TOWNSHIP, COOK COUNTY, ILLINOIS. 4NK FGAL ICB1 RAGE A2 AH1 05/17/05 12:38:02 05/17/2005 00:48 FAX 847 673 0645 CHICAGO TITLE 006 CHICAGO TITLE INSURANCE COMPANY CCIMMITMENT FOR TITLE INSURANCE SCHEDULE B _ ORDER NO. : 1409 006283081 SK 1_ IF EXTENDED COVERAGE OVER THE FIVE GENERAL EXCEPTIONS IS REQUESTED, W:3 SHOULD BE FURNISHED THE FOLLOWING: A. A CURRENT ALTA/ACSM OR ILLINOIS LAND TITLE SURVEY CERTIFIED TO CHICAGO TITLE INSURANCE COMPANY; B_ A PROPERLY EXECUTED ALTA STATEMENT; MATTERS DISCLOSED BY THE ABOVE DOCUMENTATION WILL BE SHOWN SPECIFICALLY_ NOTE: THERE W:CLL BE AN ADDITIONAL CHARGE FOR THIS COVERAGE. E. NOTE FOR INFOFMATZON. THE COVERAGE AFFORDED BY THIS COMMITMENT AND ANY POLICY IS:IUBD PURSUANT HERETO SHALL NOT COMMENCE PRIOR TO THE DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE COMPANY HAVE BEEN FULLY PAID. A 3. 1. TAXES FOR THE YEAR(S) 2004 AND 2005 2005 TAXES ARE NOT YET DUE OR PAYABLE. 1A_ NOTE: 2004 FIRST INSTALLMENT WAS DUE MARCH 01, 2005 NOTE: 2004 FINAL INSTALLMENT NOT YET DUE OR PAYABLE PERM TAX# PCL YEAR 1ST INST STAT 10-20-121-034-1091 1 OF 1 2004 NOT BILLED * * * x * * + * * * x * * * * * * * * * * * * * * * * * k * * x * * * * * * * * 8 4. BECAUSE OF PROCEDURES INSTITUTED BY THE COOK COUNTY TREASURER, THE COMPANY REQUESTS THAT ORIGINAL TAX HILLS BE FURNISHED WHENEVER THE COMPANY IS REQUESTED TO PAY TAXES- IF ORIGINAL. TAX SILLS ARE NOT FURNISHED, THE COMPANY WILL COLLECT ADDITIONAL FEES FOR EACH TAX NUMBER TO PAY CHARGES IMPOSED BY THE COOK COUNTY TREASURER FOR THE PRODUCTION OF DUPLICATE TAX BILLS. FURTHER, BECAUSE OF DE:.AYS BY THE COOK COUNTY TREASURER IN PRODUCING DUPLICATE TAX BILLS, THE COMPANY WILL HOLD BACK FROM CLOSING ADDITIONAL FUNDS TO PAY INTEREST THAT WILL ACCRUE BECAUSE OF THE TREASURER'S PROCEDURES. 5 5- MORTGAGE DATED SEPTEMBER 18, 2003 AND RECORDED OCTOBER 8, 2003 AS DOCUMENT NO. 0328135116 MADE BY PARKWAY BANK AND TRUST COMA AN , AS TRUST AGREEMENT DATED SEPTEMBER 12, 2003 AND KNOWN RNRC61 12:38:03 mmnw 7,1 xn1 05/17/05 12 • •05/17/2005 00:48 FAX 847 673 0645 CHICAGO TITLE 2007 CHICAGO'll'1'1'LE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1409 008283081 SK BANK AND TRUST COMPANY TO SECURE AN INDEBTEDNESS IN THE AMOUNT OF $ 2,300,000.00. (CONVEYS THE SENIOR LIVING UNIT) C. ASSIGNMENT OF RENTS RECORDED OCTOBER 8, 2003 AS DOCUMENT NO. 0328135117 MADE BY PARKWAY BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 12, 2003 AND KNOWN AS TRUST NUMBER 13636 TO PARKWAY BANK AND TRUST COMPANY. (AFFECTS THE SENIOR LIVING UNIT) R 7. MORTGAGE DATED SEPTEMBER 24, 2003 AND RECORDED OCTOBER 8, 2003 AS DOCUMENT NO. 0328135118 MADE BY PARKWAY BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 12, 2003 AND KNOWN AS TRUST NUMBER 13636 TO AHW ENTERPRISES, :NC. TO SECURE AN INDEBTEDNESS IN THE AMOUNT OF $3,703,350.00. (CONVEYS THE LAND HEREIN AND OTHER PROPERTY) 8. MUNICIPAL REAI, ESTATE TRANSFER TAX STAMPS (OR PROOF OF EXEMPTION) MUST ACCOMPANY ANY CONVEYANCE AND CERTAIN OTHER TRANSFERS OF PROPERTY LOCATED IN MORTON GROVE_ PLEASE CONTACT SAID MUNICIPALITY PRIOR TO CLOSING FOR ITS SPECIFIC REQUIREMENTS, WHICH MAY INCLUDE THE PAYMENT OF FEES, AN INSPECTION OR OTHER APPROVALS. N 9. UPON ANY CONVEYANCE OR MORTGAGE OF THE LAND, A STATEMENT FROM EITHER THE DEVELOPER OR THE ASSOCIATION CREATED UNDER THE DECLARATION OF COVENANTS, CONDITIONS, REISTRICTIONS AND EASEMENTS RECORDED JUNE 19, 2000 AS DOCUMENT 00451022 THAT THERE ARE NO UNPAID ASSESSMENT LIENS ARISING BY REASON OF THE NONPAYMENT OF ASSESSMENTS SHOULD BE FURNISHED. NOTE: THE STATEMENT SHOULD COVER THE RECORDING DATE OF THE MORTGAGE OR, IF TITLE IS TO BE CONVEYED, THE RECORDING DATE OF THE DEED, WHICHEVER DATE IS LATER. D 10. SIGN AND TRATI ER EASEMENT, FENCE EASEMENTS, GENERAL IITILITY EASEMENTS, DRAINAGE EASEMENTS, SANITARY SEWER EASEMENTS AND PARKING AND ROADWAY EASEMENTS AS CREATED BY AMENDED AND RESTATED DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTION AS CREATED BY RECORDED AS DOCUMENT NUMBER 0020639236. E 11. EASEMENTS FOR UTILITIES FOR THE BENEFIT OF COMMONWEALTH EDISON, AMERITECH TELEPHONE COMEANY, AMERICAN TELEPHONE AND TELEGRAPH COMPANY. THEIR SUCCESSORS AND OR ASSIGNS, AS CREATED BY PLAT OF EASEMENT RECORDED AS DOCUMENT NUMBER 0020510538. F 12. DECLARATION OP EASEMENTS FROM AMERICAN NATIONAL BANK & TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 20, 1988 AND KNOWN AS TRUST NUMBER 104455-00 TO NORTHERN TRUST BANK/LAKE FOREST, AS TRUSTEE UNDER acscemm PAGE B 2 RBI NE1 05/17/05 12:38:03 ° °05/17/2005 00:48 FAY 847 673 0645 CHICAGO TITLE Zoos CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TPt'LE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1409 008283081 SK TRUST AGREEMENT DATED JANUARY 24, 1992 AND KNOWN: AS TRUST NUMBER 9051 DATED JAN 31, 1992 AND RECORD JANUARY 31, 1992 AS DOCUMENT 92065892, CREATING: (A) AN EASEMENT FOR ACCESS AND INGRESS AND EGRESS FOR THE PARTY OF TEE SECOND PART FOR ACCESS TO THE WAREHOUSE AND EXISTING EXIT DOORS OF THE WAREHOUSE LOCATED ON THE LAND OWNED BY SAID PARTY. (B) AN EASEMENT' FOR ACCESS TO THE SUBSURFACE UTILITIES LOCATED ON THE LAND, SERVING THE ADJOINING PROPERTY; TOGETHER WITH THE TERMS AND CONDITIONS CONTAINED IN SAID INSTRUMENT 6 13. NOTE: THE FOLLOWING ITEM, WHILE APPEARING ON THIS COMMITMENT/POLICY, IS PROVIDED SOLELY FOR YOUR INFORMATION. THE FOLLOWING ]N'VIRONAIENTAL DISCLOSURE DOCUMENT(S) FOR TRANSFER OF REAL PROPERTY APPEAR OF RECORD WHICH INCLUDE A DESCRIPTION OF THE LAND INSURED OR A PART THEREOF: DOCUMENT NUMBER: 93574914 DATE OF RECORDING: JULY 23, 1993 H 14. TERMS, PROVISIONS, COVENANTS, CONDITIONS AND OPTIONS CONTAINED IN AND RIGHTS AND EASEMENTS 3STABLISHED BY THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AAD EASEMENTS DATED JUNE 15, 2000 RECORDED JUNE 19, 2000 AS DOCUMENT NO. 0)451022, MADE BY AHW ENTERPRISES, INC. RELATING TO RESTRICTIONS ON USE, LANDSCAPING, IMPROVEMENTS, UTILITIES AND SIGNAGE, MAINTENANCE OBLIGATIONS, ASSESSMENTS, EASEMENTS, EXPANSION RIGHTS. I 15. TERMS, PROVISIONS CONTAINED IN THE REDEVELOPMENT AGREEMENT WITH ELLIOTT HOMEBUILDERS INCORPORATED FOR THE FERRIS AVENUE LEHIGH AVENUE TAX INCREMENT FINANCING DISTRICT AS DISCLOSED BY ORDINANCE NO. 00-13 . M 16. (A) TERMS, PROVISIONS, COVENANTS, CONDITIONS AND OPTIONS CONTAINED IN AND RIGHTS AND EASEMENTS ESTABLISHED BY THE DECLARATION OF CONDOMINIUM OWNERSHIP RECORDED JUNE 7, 2002 AS DOCUMENT NO. 00451023 AND AMENDED AND RESTATED BY DOCUMENT NUMBER 0020639239 AND SECOND AMENDED AND RESTATED DECLARATION RECORDED MAY 11, 2005 AS DOCUMENT 0513145153, AS AMENDED FROM TIME TO TIME; AND (E) LIMITATIONS AND CONDITIONS IMPOSED BY THE CONDOMINIUM PROPERTY ACT. F 17. THE DEVELOPER HAS RESERVED THE RIGHT TO ADD PROPERTY TO THE CONDOMINIUM AND, IN THE EVENT OF SUCH ADDITION, TO REALLOCATE PERCENTAGE INTERESTS IN THE COMMON ELEMENT'S. THE RIGHT TO ADD PROPERTY EXPIRES 10 YEARS FROM JUNE 15, 2000. G 18. FOR SKOKIE CLOSINGS, PLEASE FAX FIGURES TO (847)677-3421. FOR HIGGINS ROAD CLOSINGS, PLEASE FAX FIGURES TO (773)399-12D7. FOR NORTHBROO:. CLOSINGS, PLEASE FAX FIGURES TO 1247) 509-9886. WATER CERTIFLATION CAN BE ORDERED WHEN SCHEDULING A CLOSING. ** END *: RCSQNHW PAGE B 3 KE1 05/17/05 12:38:03 WARRANTY DEED•IN TRUST 1113WVIIIIIIIII 11 Doc#: 0328135116 Eugene"Gene' Moore Fee: $28.00 Cook County Recorder of Deeds Date: 10/08/2003 09:14 AM Pg: 1 of 3 J Oo bo The above space is for recorder's use only THIS INDENTURE WITNESSETH,That the Grantor(s) McShane Coro oration_m4 linntb forpnnrlim of the County of Cook and State of I 11 inoi s for and in consideration of TEN and 00/100 ($10.00)Dollars,and other good and valuable considerations in hand,paid,Convey and warrant unto PARKWAY BANK AND TRUST COMPANY,4800 N.Harlem Avenue,Harwood Heights,Illinois 60656,an Illinois banking corporation,its successor or successors,as Trustee under the provisions of a trust agreement dated the 12th day of Sept. 20 03 known as Trust Number 13636 , the following described real estate in the County of Cook and State of Illinois, to-wit: See Attached Exhibit "A" VLLLAOE OF MORTON GROVE REAL ESTATE TRANSFER STAMP No. 00734 AMOUNT /Data'"? DATE 9-.i9-e3 '... ADDcEsslv3. / `,p (VOID IF C4FFEPE DEED) eY . in`0OX—+�4 TO HAVE AND TO HOLD the said premises with the appurtenances upon the trusts and for the uses and purposes herein and in said trust agreement set forth. Full power and authority is hereby granted to said trustee to improve,manage,protect and subdivide said premises or any part thereof,to dedicate parks,streets,highways or alleys and to vacate any subdivision or part thereof,and to resubdivide said property as often as desired,to contract to sell,to grant options to purchase, to sell on any terms,to convey either with or without consideration,to convey said premises or any part thereof to a successor or successors in trust and to grant to such successor or successors in trust all of the title,estate,powers and authorities vested in said trustee,to donate,to dedicate,to mortgage,pledge or otherwise encumber said property,or any part thereof,to lease said property,of any part thereof,from time to time,in possession or reversion,by leases to commence in praesenti or futuro,and upon any terms and for any period or periods of time,not exceeding the case of any single demise the term of 198 years,and to renew or extend leases upon any terms and for any period or periods of time and to amend,change or modify leases and the terms and provisions thereof at any time or times hereafter,to contract to make leases and to grant options to lease and options to renew leases and options to purchase the whole or any part of the reversion and to contract respecting the manner of fixing the amount of present or future rentals,to partition or to exchange said property,or any part thereof,for other real or persona]property,to grant easements or charges of any kind,to release,convey or assign any right,title or interest in or about or easement appurtenant to said premise or any part thereof,and to deal with said property and every part thereof in all other ways and for such other considerations as it would be lawful for any person owning the same to deal with the same,whether similar to or different from the ways above specified,at any time or times hereafter. *ti; gAA 7 • 0328135115 Page: 2 of 3 • EXHIBIT A SENIOR LIVING UNIT IN THE WOODLANDS OF MORTON GROVE CONDOMINIUM, AS DELINEATED ON A SURVEY OF THE FOLLOWING DESCRIBED TRACT OF LAND: CERTAIN PART OR PARTS OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS. WHICH SURVEY IS ATTACHED AS EXHIBIT "C" TO THE DECLARATION OF LINCOLN AVENUE CONDOMINIUM RECORDED AS DOCUMENT NUMBER 00451023 AND AMENDED AND RESTATED AND RENAMED AS THE WOODLANDS OF MORTON GROVE CONDOMINIUM BY DOCUMENT NUMBER 0020639239 AND AS AMENDED FROM TIME TO TIME; TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS IN COOK COUNTY ILLINOIS. EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JUNE 7, 2002 AS DOCUMENT NUMBER 0020639236. STATE OF IWNOS L v REA x a, TRANSFER TAX 1- - -'a — -A, OCT.-3.05 ° E. g 0343000 N z O O �A nnIENNTRANSFER REVENUE a FP 102808 / 1 COOK COUNTY an 'REAL ESTATE x RESESTATE m,i...CTIOYTax ac 4 «.0� TRANSFER TAX EL-3.03 0 /' o0 0171500 o I met,H% O REVENUE STAMP a FP 102802 \.. CHI:1262300.2 0328135115 Page: 3 of 3 In no case shall any party dealing with said trustee in relation to said premises,or to whom said premises or any part thereof shall be conveyed,contracted to be sold, leased or mortgaged by said trustee, be obliged to see to the application of any purchase money,rent,or money borrowed or advanced on said premises,or be obliged to see that the terms of this trust have been complied with,or be obliged to inquire into the necessity or expediency of any act of said trustee,or be obliged or privileged to inquire into any of the terms of said trust agreement,and every deed, trust deed,mortgage,lease or other instrument executed by said trustee in relation to said real estate shall be conclusive evidence in favor of every person relying upon or claiming under any such conveyance,lease or other instrument,(a)that at the time of the delivery thereof the trust created by this indenture and by said trust agreement was in full force ar.d effect,(b)that such conveyance or other instrument was executed in accordance with the trusts,conditions and limitations contained in this indenture and in said trust agreement or in some amendment thereof and binding upon all beneficiaries thereunder,(c)that said trustee was duly authorized and empowered to execute and deliver every such deed,trust deed,lease,mortgage or other instrument and(d) if the conveyance is made to a successor or successors in trust,that such successor or successors in trust have been properly appointed and are fully vested with all the title,estate,rights,powers,authorities,duties and obligations of its,his or their predecessor in trust. The interest of each and every beneficiary hereunder and all persons claiming under them or any of them shall be only in the earnings,avails and proceeds arising from the sale or other disposition of said real estate, and such interest is hereby declared to be personal property,and no beneficiary hereunder shall have any title or interest, legal or equitable, in or to said real estate as such,but only an interest in the earnings,avails and proceeds thereof as aforesaid. And the said grantor _hereby expressly waive a and release s any and all right or benefit under and by virtue of any and all statutes of the State of Illinois,providing for the exemption of homesteads from sale on execution or otherwise. In Witness Whereof,the ggr�a�nter aforesaid has hereunto set Its hand and seal this 29'"'• day of September • 20 03 McShane Corporation' an Illinois By\ I. • � 441.A. J= '.es A. McShane, Chief THIS INSTRUMENT WAS PREPARED BY: - ecutive Officer Jennifer Perry Adams, Winston & Strewn, 35 W. Wacker Dr. , Chicago, IL 60601 STATEOF ILLINOIS} 1,the undersigned,a Notary Public in and for said Coun in the state aforesaid,do SS. hereby certify that James A. McShane, Chief Executive COUNTYOFCOOK Officer of McShane Corporation personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that he signed,sealed and delivered the said instrument as his free and voluntary act,for the uses and purposes therein set forth,including the release and • waiver of the right of homestead. n1 'OFFICIAL SEAL" Given under my hand and notarial 1 this 02. 3 this of Sept 2003 KATHERINE COOKS . . • .,... - .r • - Notary Public PARKWAY BANK AND TRUST COMPANY For information only insert street address of 4800 NORTH HARLEM AVENUE above described property HARWOOD HEIGHTS, ILLINOIS 60706 RECORDER'S BOX 282 5 SJD "1Ay.. T111 ELUDTc' ' gcvQ ;trice lo')ol LIN@9tN COVEN Wrn\4br.) l24 i6 lit. 4004i 1 • STATE OF ILLINOIS ) ss. Doc#: 0704744000 Fee: $28.00 COUNTY OF COOK ) Eugene•Gene' Moore RI-19P Fee:$10.00 Cook County Recorder of Deeds Date:02/16/2007 09:33 AM Pg: 1 of 3 IN THE OFFICE OF THE RECORDER OF OF DEEDS OF COOK COUNTY, ILLINOIS For Use By Recorders Office Only Woodlands of Morton Grove Condominium ) Association, an Illinois not-for-profit corporation, ) Claimant, ) Claim for lien in the amount of v ) $180,888.46, plus costs and attorney's fees Woodlands of Morton Grove, LLC, ) Debtor. ) Woodlands of Morton Grove Condominium Association, an Illinois not-for-profit corporation, hereby files a Claim for Lien against Woodlands of Morton Grove, LLC of the County of Cook, Illinois, and states as follows: As of December 31, 2006, the said debtor was the owner of the following land, to wit: SEE ATTACHED LEGAL DESCRIPTION and commonly known as 8400 Cal lie Avenue, #403, Morton Grove, IL 60053 Callie Avenue#401, Morton Grove, IL 60053 8440 Callie Avenue#105, Morton Grove, IL 60053 8440 Callie Avenue#107, Morton Grove, IL 60053 8440 Callie Avenue#206, Morton Grove, IL 60053 8440 Callie Avenue#301, Morton Grove, IL 60053 8440 Callie Avenue#305, Morton Grove, IL 60053 8440 Callie Avenue#505, Morton Grove, IL 60053 8440 Callie Avenue#601, Morton Grove, IL 60053 6307 Lincoln Avenue, Morton Grove, IL 60053 6317 Lincoln Avenue, Morton Grove, IL 60053 6323 Lincoln Avenue, Morton Grove, IL 60053 PERMANENT ENT INDEX 10-20-121 028?10-20121 029, 0-20-121-03045, 10-20-121-030-1001, That said property is subject to a Declaration of Condominium recorded in the office of the Recorder Deeds Cook County, i Document 003 provides for the creation of a lienfor the annual assessment or charges of the Woodlands of Disabled 0704744000 Page: 2 of 3 • Morton Grove Condominium Association and the special assessment for capital improvements, together with interest, costs and reasonable attorney's fees necessary for said collection. That as of the date hereof, the assessment due, unpaid and owing to the claimant on account, after allowing all credits with interest, costs and attorneys fees, the claimant claims a lien on said land in the sum of $180,888.46, which sum will increase with the levy of future assessments, costs and fees of collection, all of which must be satisfied prior to any release of this lien. Woodlands of Morton Grove Condominium Association • By: Le ") 0 - o isA'•rheys STATE OF ILLINOIS ) ) ss. COUNTY OF COOK The undersigned, being first duly sworn on oath deposes and says he is the attorney for Woodlands of Morton Grove Condominium Association, an Illinois not-for-profit corporation, the above named claimant, that he has read the foregoing Claim for Lien, knows the contents thereof, and that all statements therein contained are true to the best of his knowledge. SUBSCRIBED and SWORN to before met this/Cday of FC&U 007. Ala NO-77- o m c • MAIL TO: This instrument prepared by: Kovitz Shifrin Nesbit 750 Lake Cook Road, Suite 350 Buffalo Grove, IL 60089-2073 847.537.0983 Disabled 0704744000 Pag eaya • O . / | | • PrVana,,|� 01.4 •. . . ' I`;< 7 ` f | | ; r3 ?..-§ : itl�Q a ■# _ l am. G brlalG • i21 f t , 7 I !ff !J!itiJ!• k Js !w ` `� I -, 124 | = !& i • • ! - &�- • ` C. ;•' . ,• - ! , ! - » kg «£ s��■ ! ! f 2 s. a !r` U-- 2v2- �r2- R I ` ! • |«!'¥�` - 4!. . ! .,| '!!" ! !•9 r ;4 ! ©R! : r. - " ��. e 3:-.2'-'5W 28 0 I• 2 G « ;! ;-. f!» ■!e„! !!7�f R E! © $G . nnalbT, £=-29fz C. . &+;z a 2eag!! �• � ,al-el`a /~' s-: r' ,! Iƒ • RELEASE OF LIEN IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS For Use By Recorders Office Only Woodlands of Morton Grove Condominium ) Association, an Illinois not-for-profit corporation, ) Claimant, ) Release of Lien ) `c v. ) Document No. c ) 0819634116 Woodlands of Morton Grove, LLC, ) ) J 'n Debtor. ) Co M1J Woodlands of Morton Grove Condominium Association, an Illinois not-for-profit corporation, hereby files a Release of Lien on Document No. 0819634116. r, , f! That said Lien was filed in the office of the Recorder of Deeds of Cook County, Illinois rx on July 14, 2008, in the amount of $180,888.46 and that said Lien has been fully and completely satisfied and any right, title, interest, claim or demand whatsoever Claimant may have acquired in, through or by said Lien of the following described property, to wit: and commonly known as 6271 Lincoln Avenue, senior living unit, Morton Grove, IL Permanent Index Number: 10-20-121-037-1043 IS HEREBY RELEASED. Woodlands o�orton Grove Condominium Association/ By: n . Bi eyIII -_U_-y: STATE OF ILLINOIS ) ss. COUNTY OF COOK John H. Bickley III, being first duly sworn on oath, deposes and says he is the attorney for Woodlands of Morton Grove Condominium Association, an Illinois not-for-profit corporation, the above named Claimant, that he has read the foregoing Release of Lien, knows the contents thereof, and that all statements therein contained are true to the best of his knowledge. I John r_;ckley III / ✓' ✓ Subscribed and sworn to before me this 23`d day of December, 2009. 3FPICIAL SEAL Mt:FCs4RET MORE 4OTAR'PU[Lac.STATE OF ILLINOIS Notary Public MAIL TO: This instrument prepared by: Ronald J. Kapustka Kovitz Shifrin Nesbit 750 Lake Cook Road, Suite 350 Buffalo Grove, IL 60089-2073 847.537.0500 739379/I 4r 'A�" Village of Morton grove Office of the Corporation Counsel Telephone 847/663-3003 Fax 847/965-4162 MEMORANDUM TO: Daniel J. Staackmann, Village President Village Board of Trustees Joseph F. Wade, Village Administrator • FROM: Terry Hoffman Liston, Corporation Counsel'•/ CC: William Neuendorf, Community and Economic Development Director Ryan Horne, Finance Director/Treasurer DATE: December 29, 2009 RE: Purchase of Woodlands Triangle On December 28, 2009, the Village closed on its contract to purchase that property commonly known as the Woodlands Triangle from the Woodlands of Morton Grove (Elliott Group). The purchase price for this parcel was $250,000. The Village also incurred the following additional charges: • Escrow fee $ 350.00 • Recording Deed $ 50.00 • Total Cost including purchase price $ 250,400.00 At the closing, the Village received the following credits in the form of a reduction against the purchase price: • Earnest money previously paid $ 0 • Real estate tax pro rations for 20091 $ 11,815.68 • Total Credits $ 11,815.68 Therefore, the total funds owed by the Village at closing were (Purchase price—250,000.00 plus additional charges— $400.00 less credits $11,815.68) $ 238,584.32 Pursuant to the contract,the seller gave the Village a credit for 2009 real estate taxes in an amount equal to$150% of the 2008 real estate tax bill prorated for 362 days(January 1 through December 28-the period of time the owner seller owned the property). When the 2009 tax bill becomes available(probably in September/October 2010)the parties are obligated to reprorate the taxes. Richard 1. Fiickingcr Alunicipai Center 6101 Capulina Avenuc • ALorton (inn o. Illinois 6005 3-2985 .>pJ4t I e1 04471 965-4101) Fax: 1847) 965-4167 The legal work for this closing was performed by me as part of my normal duties; therefore, no additional legal fees were incurred. However in 2009, the Village worked with Special Counsel, David Sugar, of the firm of Amstein and Lehr, to secure a legal opinion and formulate its strategy regarding removing this parcel from the Woodlands of Morton Grove Condominium prior to the closing. Legal fees for those services were paid outside of this closing. On December 23, 2009, the Village wire transferred $250,000 to the closing agency, Chicago Title and Trust. At closing, I received an overpayment check in the amount of$11,415.68 (check#9200033326), payable to the Village of Morton Grove. This check was returned to the Finance Department with the request that it be credited to the Lehigh/Ferris TIF account. The following issues remain open: 1. It is the Village's responsibility to pay the 2009 real estate taxes for this property. The first installment will become due on approximately March 1, 2010, and the second installment will be due thirty days after the bill is issued (approximately November 1, 2010). Note the Village has already received a credit for these taxes. 2. The Village should apply for a property tax exemption for this property as soon as possible. 3. The Village has an obligation to reprorate the 2009 taxes when this bill is ascertained, i.e., when the second installment bill for the 2009 taxes is issued. If the total cost of the 2009 taxes exceed $11,913.60 ($32.64 per day), the seller will owe the Village an additional tax credit. If the taxes are less than this amount, the Village will owe the seller an appropriate refund. Copies of the survey, title policy and other closing related documents will be delivered to the finance department for placement in the permanent file (for the time being, Marlene will maintain these documents until she has prepared the applications for tax exemptions). Should you have any questions, do not hesitate to contact me THL/mk M:\IegahReal Estate\Woodland's triangle-purchase, 12-09.doc Attachment A RESOLUTION 09-55 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS THE WOODLANDS TRIANGLE IN MORTON GROVE, ILLINOIS WHEREAS.the Village of Morton Grove(VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt: and WHEREAS, the property commonly known as the Woodlands Triangle is located in the Lehigh/Ferris TIF Redevelopment District: and WHEREAS,to date, as part of the Lehigh/Ferris Redevelopment Plan, the Village has acquired and land banked certain properties for future redevelopment; and WHEREAS, it is in the best interest of the Village of Morton Grove to acquire the property commonly known as the Woodlands Triangle in Morton Grove, Illinois 60053 to be land banked and used for redevelopment and/or public infrastructure; and WHEREAS,the Village, in its 2009 budget; appropriated sufficient funds for the purchase and acquisition of properties; and WHEREAS,the cost to acquire this property shall be paid from the Village's Lehigh/Ferris TIF District Fund(General Obligation Bond); and WHEREAS, Village staff and the owner of the property have negotiated a"Contract" for the purchase of the property subject to the approval of the Village Board of Trustees; and WHEREAS, the terms of the contract include: 1. The Purchase Price $250,000: 2. Closing on or before December 31, 2009. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth herein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and Village Clerk of the Village of Morton Grove are hereby authorized to execute such contract or other documents to acquire the property commonly known as the Woodlands Triangle legally described in Exhibit"A" and located at approximately Lincoln Avenue and Lehigh Avenue in Morton Grove. Illinois for a sum not to exceed two hundred and fifty thousand dollars ($250,000) with a contract closing to occur on or about December 31, 2009, with additional terms and conditions in substantial conformity with Exhibit `B", or such other terms to be approved by the Village Administrator and Corporation Counsel. SECTION 3: The Village Administrator, Corporation Counsel and/or their designees are hereby authorized to negotiate, prepare. execute, and deliver any documents or take any steps necessary to acquire said property pursuant to the terms set forth above. SECTION 4: This Resolution is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 5: This Resolution shall be in full force and effect from and after its passage, approval and publication according to law. — PASSED this 12`h day of October 2009. Trustee DiMaria Trustee Gomberg Trustee Grear 44-1 7 Trustee Marcus Trustee Thill h , Trustee Toth )� APPROVED by me this 12`h day of October 200'. , Danie J rann,Village President Village of Morton Grove Cook County. Illinois APPROVED and FILED in my office this 13th day of October 2009. „ 7 / 0 'i tia-2, Tony $. Ka P ger os, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit A PIN 10-20-121-034-1091 PART OF THE NEST EALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, CODE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER CF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH-00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE ZEST HALF OF SAID SOUTHWEST 1/4, 492 .55 FEET TO TEE SOUTH LIN= OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH RALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 68 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE 0? CHICAGO-MILWAUKEEE_ST. PAUL & PACIFIC COMPANY RAILROAD; THEN NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.62 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENGE FOR THE POINT OP BEGINNING; TFMNCE SOUTH 65 DECRIES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.52 FEET; THENCE SOUTH 59 DECREES 17 MINUTES 15 SECONDS EAST ALONG SAID SOUTHERLY LINNE, 75.26 FEET; THENCE SOUTH 55 DEGREES 40 MINUTES 09 SECONDS WEST, 62.59 FEET; THENCE SOUTH SOUTH 20 DEGREES 44 MINUTES 26 SECONDS WEST, 62.88 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 214.40 FEET TO SAID POINT OF BEGINNING, CONTAINING 12,508 SQUARE FEET, MORE OR LESS, ALL IN NILES, TOWNSHIP, COOK COUNTY, ILLINOIS. EXHIBIT B CONTRACT FOR THE PURCHASE OF VACANT LAND COMMONLY KNOWN AS THE WOODLAND'S TRIANGLE MORTON GROVE, ILLINOIS BETWEEN THE VILLAGE OF MORTON GROVE AND PARKWAY BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 12, 2003, AND KNOWN AS TRUST NUMBER 13636 PREPARED SEPTEMBER 28, 2009 The VILLAGE OF MORTON GROVE, a municipal corporation and a home rule unit of government located in Cook County, Illinois ("Village" or"Buyer") hereby agrees to purchase and Parkway Bank and Trust Company, as Trustee under Trust Agreement Dated September 12, 2003, and Known as Trust Number 13636 ("Seller") hereby agrees to sell that property commonly known as the Woodland's Triangle, Morton Grove, Illinois and legally described in Exhibit A and all improvements thereon ("the real estate") pursuant to the following terms and conditions: 1) PURCHASE PRICE: The Village shall pay Seller the sum of two hundred fifty thousand dollars ($250,000) to be paid as follows: A Within two (2) business days of the execution and delivery of this Contract, the Village shall deposit with the Seller's attorney the sum of One Thousand Dollars ($1, 000.00) as and for "Earnest Money". B Payment at Closing. The balance of the Purchase Price, as adjusted by agreed or customary credits and prorations including tax prorations, security deposits, and unpaid utilities shall be paid in good funds at Closing. 2) CLOSING: The Closing shall take place no later than December 31, 2009, at a location mutually agreed upon by the Village and the Seller. 3) CONTINGENCY PERIOD AND INSPECTIONS. A The Seller shall make available to Village for Village's inspection, copies of all leases, contracts, rent rolls, surveys, environmental reports, soils tests, maps and plats for the subject property in its possession and control before 5:00 pm on October 23, 2009. B The Village and its agents shall have until 5:00 PM on November 13, 2009 (the "Contingency Period") to conduct, at Village's sole cost and expense and subject to the terms hereof, its "Inspection" of the Subject Property which may include without limitation physical inspections, asbestos sampling, surveys, soils tests, site analyses, engineering studies, examinations of the building and improvements thereon (including structural and mechanical tests) environmental studies and investigations and appraisals. C The Village may terminate this Contract for any reason during the contingency period and in such event, the Earnest Money (and any interest earned thereon) shall be returned to Village. Contract for the Purchase of the Woodland's Triangle D Seller represents and warrants the real estate shall be vacant at closing: 4) TAX PRORATIONS: The Seller shall be responsible for payment of all real estate taxes through the date of closing. Taxes through the date of closing which are not yet ascertainable shall be prorated at 150% of the most recent ascertainable full year taxes, and shall be re-prorated when the actual bill is made available. 5) TITLE: At Seller's expense, Seller will deliver or cause to be delivered to the Village within five (5) days in advance of Closing, as evidence of title in Seller, a title commitment for an ALTA title insurance policy in the amount of the Purchase Price with extended coverage by a title company mutually acceptable to the parties issued on or subsequent to the Date of Acceptance of this Contract, subject only to items listed in Paragraph 7. Notwithstanding anything to the contrary, the property shall not be subject to any declaration of condemnation including without limitations the Woodlands Condominium of Morton Grove. The parties shall each pay their respective usual and customary share of any requested additional title charges and the parties shall equally pay for any closing escrow incurred as a result of this transaction. If the title commitment discloses any exceptions not acceptable to Village, then Seller shall have said exceptions or encroachments removed, or, with the Village's approval, have the title insurer commit to insure against loss or damage that may be caused by such exceptions or encroachments. If Seller fails to have unpermitted exceptions waived or title insured over prior to Closing, Village may elect to take the title as it then is, with the right to deduct from the Purchase Price prior encumbrances of a definite or ascertainable amount as shall be reasonably agreed by the parties. Seller shall furnish Village at Closing an Affidavit of Title covering the date of Closing, and shall sign any other customary forms required for issuance of an ALTA Insurance Policy. 6) SURVEY. Within seven days prior to closing, Seller shall furnish a staked ALTA survey dated within 90 days of closing showing all boundaries, rights of way, easements, and set back lines and evidencing that the property is free of all encroachments. 7) DEED: Seller shall convey or cause to be conveyed to the Village good and merchantable title to the Real Estate by recordable Warranty Deed subject only to: general real estate taxes not due and payable at the time of Closing, covenants, conditions, and restrictions of record, building lines and easements, applicable zoning and building laws, ordinances, restrictions and acts suffered or done by the Village if any, so long as they do not interfere with the current use and enjoyment of the real estate. 8) POSSESSION: At closing, the Seller shall surrender the property devoid of any tenancies and free and clear of any leases. 9) SELLER REPRESENTATIONS: Seller represents that all leases and tenancies have been fully disclosed to Village, that Seller has not received written notice from any Governmental body of (a) zoning, building, fire or health code violations that have not been corrected; (b) any pending rezoning; or (c) a proposed or confirmed special assessment and /or special Contract for the Purchase of the Woodland's Triangle service area affecting the Real Estate. Seller further represents that Seller has no knowledge of boundary line disputes, easements or claims of easement not shown by the public records, any hazardous waste on the Real Estate or any improvements for which the required permits were not obtained. 10)MAINTENANCE OF PROPERTY: Except as specifically provided in this agreement, the property shall be maintained in the same condition as found on the date of the contract, normal wear and tear, excepted. 11)DESTRUCTION OR DAMAGE OF PROPERTY. If prior to the closing, the subject property or any part thereof shall be materially damaged by fire or other casualty, the Village shall have the option to terminate this Contract, upon written notice given to the other party within ten (10) days after such material damage. In such an event, the earnest money shall be returned to the Village. If the foregoing option to terminate is not exercised, this Contract shall continue in full force and effect, and the Seller shall assign its interest in any insurance policies covering the property at the time of the fire or casualty to the Village. 12)DEFAULT: Seller shall be responsible for all damages, reasonable costs and expenses including attorney's fees due to the failure of the Seller to comply with the terms of this Contract. The Village shall be responsible for all damages, reasonable costs and expenses, including attorney's fees incurred by the Seller, in excess is f of his earnest coney retained by Seller due the failure of the Village to comply with 13)NOTICE: All notices required shall be in writing and shall be delivered by personal delivery; by certified mail, return receipt requested which shall be effective on the date of mailing; or by sending facsimile transmission which shall be effective as of date and time of facsimile transmission, provided that the notice transmitted shall be sent on business days during business hours (9:00 A.M. to 5:00 P.M. Chicago time). In the event fax notice is transmitted during non-business hours, the effective date and time of notice is the first hour of the first business day after transmission. Assoc the Lee be Str deet Des Plaines, Illinois 60018, 847-296I3003Eltiott and 6101 Village shall be Morton Grove, i 60053; fax: 847-965-4162.Corporation Counsel, 14) MISCELLANEOUS: A Time is of the essence of this Contract. B The Seller shall pay for all County, State and Municipal transfer taxes to the extent required by law. C All disputes related to the construction or enforcement of these terms and provisions Contract for the Purchase of the Woodland's Triangle shall be governed by the laws of the State of Illinois and are subject to the covenant of good faith and fair dealing implied in all Illinois contracts. D The terms of this contract and all related negotiations shall be kept confidential to the extent allowed by law until this transaction has closed. E The parties agree to comply with the reporting requirements of the applicable sections of the Internal Revenue Code and the Real Estate Settlement Procedures Act of 1974, as amended. 15) This contract is contingent upon the Village, the seller and the Woodlands of Morton Grove Condominium Association entering into an agreement regarding the removal of the property from the Condominium known as the Woodlands of Morton Grove. 16) Future improvements to the property shall not obligate the Buyer to restore or improve existing improvements located on adjacent parcels. Emergency vehicle access, however, will be maintained. THIS CONTRACT SHALL NOT BECOME EFFECTIVE UNLESS AUTHORIZED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE. This Contract has been executed as of /L/ L3 2009 (the Contract date). "Seller" "Buyer" PARKWAY BANK AND TRUST CO. VILLAGE OF MORTON GROVE, ILLINOIS AS TRUSTEE UNDER TRUST AGREEMENT / DATED SEPTEMBER 12, 2003, AND KNOWN T U NUMBER 13636 ■ By: i i STSP1 By: / //i' Name: mY01 r14 ID11 Name: Daniel J. Staackmann Title: AGtrr Title: Villa•e President J Attest: Attest: t By: By: / / Name: Name: Tony S. Kalogerakos Title: Title: Village Clerk � Attachment B CHICAGO TITLE AND TRUST COMPANY 85 W. ALGONQUIN RD. SUITE 400 ARLINGTON HEIGHTS, IL 60005 ESCROW TRUST DISBURSEMENT STATEMENT DISBURSEMENT DATE: December 28, 2009 REFER TO: KRISTI L. JACOBSEN PHONE: (847)758-4737 FAX: (847) 758-2207 ESCROW TRUST NO. NSCO25092838-001 PARTIES: JOHN BICKLEY TITLE ORDER NO. 01409-008283081 TERRI LISTON RECEIPTS: 12/28/09 MB FINANCIAL 250,000 . 00 --CASH TO CLOSE $ 250,000.00 DISBURSEMENTS: 01) PRORATIONS/CREDITS - Seller 11, 815. 68- TAX PRORATION(1) TOTAL PRORATIONS 11, 815.68- PURCHASE PRICE 250,000. 00 ADJUSTED PURCHASE PRICE $238, 184.32 $238, 184 .32 02) CHICAGO TITLE AND TRUST COMPANY - Seller' s Charges Re: Title Order No. 01409-008283081 ESCROW FEE 200.00 NY CLOSING FEE 150.00 TITLE INSURANCE 400. 00 COMMITMENT UPDATE FEE 100.00 RECORDING RELEASE 100.00 OTHER RECORDINGS 180. 00 $1, 130.00 $1, 130. 00 03) THE WOODLANDS OF MORTON GROVE LLC $237,054 .32 NET PROCEEDS TO SELLER 04) PRORATIONS/CREDITS - Buyer 11, 815.68 TAX PRORATION(1) TOTAL PRORATIONS 11, 815.68 PURCHASE PRICE 250,000. 00 ADJUSTED PURCHASE PRICE $238, 184 . 32 $238, 184 .32 05) CHICAGO TITLE AND TRUST COMPANY - Buyer' s Charges Re: Title Order No. 01409-008283081 ESCROW FEE 200. 00 NY CLOSING FEE 150. 00 RECORDING DEED 50.00 $400. 00 $400.00 KJ1 12/28/09 14 :34 NOTE: * - Items were Paid Outside of Closing. ESCROW TRUST NO. NSCO25092838-001 PAGE NO. 2 06) THE VILLAGE OF MORTON GROVE TOTAL DISBURSEMENT AMOUNT $238, 584.32 TOTAL BUYER RECEIPTS $250, 000.00 OVERDEPOSIT TO BUYER $11,415. 68 DISBURSEMENTS APPROVED: � / M' DA 'E FOR S:LLER FOR BU7E , J / DATE �_ i Ca AI Ckf . DA 0R( i .E • • RU T KJ1 12/28/09 14 :34 NOTE: * - Items were Paid Outside of Closing. ESCROW TRUST NO. NSCO25092838-001 PAGE NO. 2 06) THE VILLAGE OF MORTON GROVE TOTAL DISBURSEMENT AMOUNT $238,584.32 TOTAL BUYER RECEIPTS 250,000.00 OVERDEPOSIT TO BUYER $11,415.68 DISBURSEMENTS APPROVED: eimsawAr of 121r DATE OR SELLER FOR BUYER WOGp Ufr'O$ ep r�Oti%n u-"-e- DATE WC/ rr 4 t"fl'�- DATE FOR CHICAGO TITLE AND TRUST KC1 12/28/09 14:34 NOTE: * - Items were Paid Outside of Closing. ry imr,.nil C =. -- , •— l �k Gci �lFire� (127 S naJZ!..•l; 7: _ ;. •,ii.... ,.2'.63'3.9: i' C L A R I O N July 30, 2008 Mr. Bill Neuendorf Director of Community and Economic Development Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053 Re: The Woodlands Triangle-- South Side of Lincoln Avenue at Ferris Avenue Highest and Best Use Analysis Dear Mr. Neuendorf: In accordance with your request, we have prepared a Summary Appraisal Consulting Report analyzing the highest and best use of the above referenced small triangular parcel of land commonly referred to in Morton Grove at the Woodlands Triangle. The property contains approximately 12,500 square feet. Our report is to be used by the Village of Morton Grove in its efforts to acquire the property from its current owner. The property is intended to be used for the extension of Ferris Avenue that will connect to Lehigh Avenue across the Metra rail line. The purpose of this Appraisal Consulting Report is to provide our analysis of, and conclusion about, the highest and best use of the property taking into account the following: first,physically possible uses of the property in its current configuration; second,legally permissible uses that are also physically possible; and third,the financially feasible uses given the uses that are both physically possible and legally permissible. This report has been researched and written in conformity with the requirements of the Code of Ethics of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice(USPAP)adopted by the Appraisal Standards Board of the Appraisal Foundation. The report ;s aubject to the Certification and Statement of Assumptions and Limiting Conditions included in it. This letter is not to be read apart from those attachments, or separated from the report of which it is a part. Neither the Clarion Associates, Inc. name nor the material submitted in the report may be included in any prospectus or used in offerings or representations in connection with the sale of real estate, securities, or participation interests to the public, without our written consent. The report,of which this letter is a part,describes the property and the method of our analysis,and contains the pertinent data considered in reaching our conclusions. Because it is a summary report, additional materials have been retained in our files. Based upon the analysis in the attached Summary Appraisal Consulting Report, I have arrived at the following conclusions: Letter to Mr. Bill Neuendorf July 30, 2008 Page 2 • The PUD for The Woodlands development project,as amended,requires that emergency access to Lincoln Avenue be provided across the Woodlands Triangle until such time as Ferris Avenue is extended across the triangle. The hearings concerning the amended PUD clearly recognized that Ferris Avenue would be extended across the property. In the absence of the Ferris Avenue extension limitations, the legally permissible use of the site would be for attached residential townhouse development. • The triangular shape of the parcel and its small size severely constrain its potential for townhouse development. Considering required setbacks and on-site parking,only one townhouse is physically possible on the site itself without a variance to extend into the required setback from the Metra tracks. • If the Woodlands Triangle"borrowed"site area from the rest of the Woodlands site and conformed to building spacing and setbacks for the already built townhomes on Lincoln Avenue,a third townhouse could possibly be physically accommodated. However,only one of the three townhouses would be completely on the Woodlands Triangle. A small portion of the second townhouse and about 60%of the third townhouse would actually be built on land outside the boundaries of the Woodlands Triangle itself. One of the three townhomes would extend into the required 20 foot Metra setback. • As a result of the physical constraints, development of the site separate and apart from The Woodlands project is highly unlikely. • Even when considering the Woodlands Triangle parcel as part of the rest of the Woodlands site,its value is at the low end of prices paid for residential sites in Morton Grove and surrounding suburbs in recent years. The likely value of the site when considering its townhouse development potential but disregarding the plan to extend Ferris Avenue is between$175,000 and$245,000. • When considering the emergency access requirement and the longstanding plan to extend Ferris Avenue across the site, the Woodlands Triangle has no remaining utility for development and therefore only nominal market value. The market value as open space is between $6,250 and $13,750. Please call with your questions. Sincerely yours, CLARION ASSOCIATES,INC. By: Richard J.Roddewig,MM, CRE President—Clarion Associates, Inc. C L A R ! O N 1099 SOLICITATION CI IC POLICY NUMBER: 1409 008283081 SK CT&TCo. ESCROW NUMBER: NSC 025092838 You are required by law to provide Chicago Title Insurance Company and Chicago Title and Trust Company with your correct taxpayer identification number. If you do not provide Chicago Title Insurance Company and Chicago Title and Trust Company with your correctetaxpayer identification number,you may be subject to civil or criminal penalties imposed by laws Please provide your name, mailing address, tax identification number and other y.requested information in the spaces provided below. NAME: WOVOL 4M)# Of PNA4A-11/4174 Ci2OVO Lie NEW MAILING ADDRESS: I4{ 'D i4Z 'g9 -' rate, tNf.s , a. 604:0 141 TAX ID NUMBER: 1)1/40 "st SLI ■4 GROSS PROCEEDS: $ GROSS PROCEEDS ALLOCATED TO TRANSFEROR: $ Check the appropriate category or categories: Principal Residence K Other Real Estate Check here if the Transferor received or will receive property or services as pkrt of the consideration. CERTIFICATION Under penalties of perjury, I certify that the number shown on this statement is my confect tax identification number. JL eN S ec Wattrora 612uy l4. °XI YsOf V1-44 el (SIGNATURE) (DATE) soucrr cook Cook County Clerk's Office /0' a Real Estate& Tax Services )c. 118 N. Clark Street Room 434 Transaction #: R355279 a 1,aw."` Chica o, Illinois 60602 W 9 Date: 12/24/2009 11:15:48 AM s _ 312-603-5643 Cashier: CLT '�t s Register#: 3 Deposit for Redemption-Annual Sale Owner The Woodlands Of Morton Grove LLC PIN# 10-20-121-042-1091 1428 Lee Street Vol# 117 Des Plaines, IL 60018 Sale Year: 2007 Certificate# 07-0021882 Date of Sale: 07/24/2009 Buyer: BELMONT REALTYCORP (847)296-3000 Description Comments Pricer County Treasurer Funds $200.00 County Clerk Fees $47.00 Taxes Sold $8,826.84 Prior Year Prior Year(s) Sold 0000 TO 0000 $0 00 Penalty Periods 1 X 2%= 2% $181.48 Total Subsequent Taxes 2008 2nd Installment $8,140.34 Total Subsequent Penalty @ 12% per Annum $976.84 Miscellaneous Fees $17.24 Sub Total $18,389.74 Redemption Fees $10.00 Cost of Estimate $3.00 Total $18,402.74 Check Tendered $9,268.32 Check Tendered $9.134.42 Green=Customer Change Due $0 00 Yellow=File White=Original I 1111111111111111111111111111111111! /III CHICAGO TITLE INSURANCE COMPANY • OWNER'S POLICY (2006) SCHEDULE A POLICY NUMBER 1409-008283081-SK � ��1") DATE OF POLICY: ` ' ' � • ' 1 P♦ IC, \ P \ AMOUNT OF INSURANCE: $250,000.00 1. NAME OF INSURED: THE VILLAGE OF MORTON GROVE, AN ILLINOIS MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST IN THE LAND THAT IS INSURED BY THIS POLICY IS: FEE SIMPLE,UNLESS OTHERWISE NOTED. 3. TITLE IS VESTED IN: THE INSURED 4. THE LAND HEREIN DESCRIBED IS ENCUMBERED BY THE FOLLOWING MORTGAGE OR TRUST DEED AND ASSIGNMENTS: NONE THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED OPA1O6 6IO7DGG KS1 01/06/10 14: 13:45 CHICAGO TITLE INSURANCE COMPANY OWNER'S POLICY (2006) SCHEDULE A(CONTINUED) POLICY NUMBER: 1409-008283081-SK 5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493 .66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114 .62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81. 98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.63 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED oP L206DGG KJ1 01/06/10 14 : 13 :46 CHICAGO TITLE INSURANCE COMPANY OWNER'S POLICY (2006) SCHEDULE B POLICY NUMBER 1409-008283081-SK EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE,THE COMPANY WILL NOT PAY COSTS,ATTORNEY'S FEES OR EXPENSES THAT ARISE BY REASON OF: GENERAL EXCEPTIONS: (1) RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY PUBLIC RECORDS. (2) ANY ENCROACHMENT,ENCUMBRANCE.VIOLATION,VARIATION,OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. (3) EASEMENTS,OR CLAIMS OF EASEMENTS,NOT SHOWN BY PUBLIC RECORDS. (4) ANY LIEN,OR RIGHT TO A LIEN, FOR SERVICES,LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED.IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. (5) TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. X 6. 1. TAXES FOR THE YEAR(S) 2009 2009 TAXES ARE NOT YET DUE OR PAYABLE. 1A. NOTE: 2008 FIRST INSTALLMENT WAS DUE MARCH 03, 2009 NOTE: 2008 FINAL INSTALLMENT WAS DUE DECEMBER 01, 2009 PERM TAX# PCL YEAR 1ST INST STAT 2ND INST STAT 10-20-121-045-1091 1 OF 1 2008 NOT BILLED $7, 941.22 PAID * * * * * * * • * * * * * • * * * * * * * * * * * * * • * • * * * * * * * * * * E 7. SIGN AND TRAILER EASEMENT, FENCE EASEMENTS, GENERAL UTILITY EASEMENTS, DRAINAGE EASEMENTS, SANITARY SEWER EASEMENTS AND PARKING AND ROADWAY EASEMENTS AS CREATED BY AMENDED AND RESTATED DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTION AS CREATED BY RECORDED AS DOCUMENT NUMBER 0020639236. (TO BE WAIVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) E 8. EASEMENTS FOR UTILITIES FOR THE BENEFIT OF COMMONWEALTH EDISON, AMERITECH TELEPHONE COMPANY, AMERICAN TELEPHONE AND TELEGRAPH COMPANY. THEIR SUCCESSORS AND OR ASSIGNS, AS CREATED BY PLAT OF EASEMENT RECORDED AS DOCUMENT NUMBER 0020510538. (AFFECTS THE WESTERLY 10 FEE OF THE LAND HEREIN) F 9. DECLARATION OF EASEMENTS FROM AMERICAN NATIONAL BANK & TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 20, 1988 AND KNOWN AS TRUST NUMBER 104455-00 TO NORTHERN TRUST BANK/LAKE FOREST, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 24, 1992 AND KNOWN AS TRUST NUMBER 9051 DATED JAN 31, 1992 AND RECORD JANUARY 31, 1992 AS DOCUMENT 92065892, CREATING: (A) AN EASEMENT FOR ACCESS AND INGRESS AND EGRESS FOR THE PARTY OF THE SECOND 0P8106 12 6 DOG KJ1 01/06/10 14: 13 :46 CHICAGO TITLE INSURANCE COMPANY OWNER'S POLICY (2006) SCHEDULE B POLICY NUMBER 1409-008283081-8K EXCEPTIONS FROM COVERAGE(CONTINUED) PART FOR ACCESS TO THE WAREHOUSE AND EXISTING EXIT DOORS OF THE WAREHOUSE LOCATED ON THE LAND OWNED BY SAID PARTY. (B) AN EASEMENT FOR ACCESS TO THE SUBSURFACE UTILITIES LOCATED ON THE LAND, SERVING THE ADJOINING PROPERTY; TOGETHER WITH THE TERMS AND CONDITIONS CONTAINED IN SAID INSTRUMENT (TO BE WIAVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) C 10. NOTE: THE FOLLOWING ITEM, WHILE APPEARING ON THIS COMMITMENT/POLICY, IS PROVIDED SOLELY FOR YOUR INFORMATION. THE FOLLOWING ENVIRONMENTAL DISCLOSURE DOCUMENT(S) FOR TRANSFER OF REAL PROPERTY APPEAR OF RECORD WHICH INCLUDE A DESCRIPTION OF THE LAND INSURED OR A PART THEREOF: DOCUMENT NUMBER: 93574914 DATE OF RECORDING: JULY 23, 1993 H 11. TERMS, PROVISIONS, COVENANTS, CONDITIONS AND OPTIONS CONTAINED IN AND RIGHTS AND EASEMENTS ESTABLISHED BY THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED JUNE 15, 2000 RECORDED JUNE 19, 2000 AS DOCUMENT NO. 00451022, MADE BY AHW ENTERPRISES, INC. RELATING TO RESTRICTIONS ON USE, LANDSCAPING, IMPROVEMENTS, UTILITIES AND SIGNAGE, MAINTENANCE OBLIGATIONS, ASSESSMENTS, EASEMENTS, EXPANSION RIGHTS. (TO BE WAIVED UPON CONVEYANCE TO THE VILLAGE OF MORTON GROVE) I 12. TERMS, PROVISIONS CONTAINED IN THE REDEVELOPMENT AGREEMENT WITH ELLIOTT HOMEBUILDERS INCORPORATED FOR THE FERRIS AVENUE LEHIGH AVENUE TAX INCREMENT FINANCING DISTRICT AS DISCLOSED BY ORDINANCE NO. 00-13 . M 13 . (A) TERMS, PROVISIONS, COVENANTS, CONDITIONS AND OPTIONS CONTAINED IN AND RIGHTS AND EASEMENTS ESTABLISHED BY THE DECLARATION OF CONDOMINIUM OWNERSHIP RECORDED JUNE 7, 2002 AS DOCUMENT NO. 00451023 AND AMENDED AND RESTATED BY DOCUMENT NUMBER 0020639239 AND SECOND AMENDED AND RESTATED DECLARATION RECORDED MAY 11, 2005 AS DOCUMENT 0513145153, AS AMENDED FROM TIME TO TIME; AND (B) LIMITATIONS AND CONDITIONS IMPOSED BY THE CONDOMINIUM PROPERTY ACT. (TO BE WAIVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) OPB1006 12/06 EGG KJ1 01/06/10 14: 13 :47 CHICAGO TITLE INSURANCE COMPANY POLICY SIGNATURE PAGE POLICY NUMBER: 1409-001M3081-8K THIS POLICY SHALL NOT BE VALID OR BINDING UNTIL SIGNED BY AN AUTHORIZED SIGNATORY. CHICAGO ^^TITLE INSURANCE COMPANY l I' t s A C'G �� ---- AUTHORIZED SIGNATORY J POLS!G064 08 OGG KJ1 01/06/10 14: 13 :47 ENDORSEMENT ATTACHED TO AND FORMING A PART OF POLICY NUMBER: 1409-008283081-SK ISSUED BY CHICAGO TITLE INSURANCE COMPANY POLICY MODIFICATION ENDORSEMENT 4 GENERAL EXCEPTION NUMBERS 1, 2, 3, 4 AND 5 OF SCHEDULE B OF THIS POLICY ARE HEREBY DELETED. THIS ENDORSEMENT IS MADE A PART OF THE POLICY AND IS SUBJECT TO ALL OF THE TERMS AND PROVISIONS THEREOF AND OF ANY PRIOR ENDORSEMENTS THERETO. EXCEPT TO THE EXTENT EXPRESSLY STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND PROVISIONS OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT INCREASE THE FACE AMOUNT THEREOF. ENDIPO KJ1 •C Village of Morton grove Office of the Corporation Counsel Telephone 847/663-3003 Fax 847/966=4162 _ --.---- December 16, 2009 Mr. Michael J. Elliott Elliott&Associates Attorneys, P.C. 1430 Lee Street Des Plaines, Illinois 60018 RE: Contract for the Purchase of Vacant Land Commonly Known as the Woodland's Triangle Dear Mr. Elliott: Please find attached four(4) copies of the Contract For The Purchase of Vacant Land Commonly Known as the Woodland's Triangle. Please sign the documents and return two (2) completed copies back to m-,office. Sincerely, jc.....(17S/7,4 Teresa esa Hoffinan Liston Corporation Counsel THL/mk Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 YEW Recycled Paper Page 1 of 1 Terry Liston From: Mike Elliott[Mike @elliottlaw.com] Sent: Thursday, December 10, 2009 2:41 PM To: Terry Liston; Sugar, David; John H. Bickley III Cc: Mark Elliott Subject: Woodlands Triangle Everyone, Here is a summary of where things stand - as I see things: 1. John Bickley has scheduled a Court hearing on 12/23/09. If all goes according to plan, the Court will approve the Settlement Agreement and the 18th Amendment to the condo declaration, which will allows the Association to amend the Declaration to change the common area percentages following removal of the Woodlands Triangle. As I understand it, the draft order was approved by David Sugar. 2. David Sugar has prepared an agreement between The Woodlands of Morton Grove, LLC, the Association and the Village. All have approved this agreement. 3. I have ordered a title report and have it in my possession. The title reports has as its legal description the meets and bounds legal of the Woodlands Triangle. I have confirmed with CT&T that upon a conveyance to to the Village, the Woodlands Triangle will no longer be subject to the Condo Declaration or the CCRs. This is so indicated on the title report. 4. My secretary is in the process of scheduling a closing at CT&T in Arlington Heights for Monday, December 28th at 11:00. I strongly recommend we close in Arlington Heights as Larry Eisen has cleared the title matters and works in the Arlington Heights office. 5. I have prepared escrow instructions and all closing documents. I will meet with Larry Eisen at CT&T in a few days to do a pre-closing and make sure everything has been approved so the closing proceeds smoothly. After I meet with Larry, I will send all of you copies of the title report, the escrow agreement and all closing documents. 6. Teri Liston - Please send me a clean copy of the Real Estate Contract so we can sign it. It has never been signed. Le me no a e s _ 7. The closing logistics are generally as follows: (1)the Deed to the Village is recorded, (2) CT&T records the 17th Amendment to the condo declaration,which changes the common area percentages, (3)CT&T records the 18th amendment, which transfers the parking space to the Association, (4)closing occurs through a deed and money escrow to which the Woodlands, the Village and the Association are parties. The Village will deposit its funds into the escrow. The net proceeds due the Seller will be paid to the Association. If the deal unwinds, deposits will go back to those who made them. Please let me know if any of you have objections or issues. Otherwise, I will keep moving towards closing and will send you all documents early next week. Mike Michael J. Elliott Elliott&Associates Attorneys, P.C. 1430 Lee Street Des Plaines, IL 60018 Phone: 847.298.8300 x 24 Fax: 847.298.8388 Mike(o�Elliottlaw.corn 12/10/2009 LAW OFFICES OF 750 West Lake Cook Road, Suite 350 K O v 1 T Z 1220 Iroquois Avenue, Suite 100 Buffalo Grove, Illinois 60089-2073 Naperville, Illinois 60563 TEL:847.537.0500 $H1 FR11! TEL:630.518.5168 FAX:847.537.0550 FAX:630.548.5568 134 North LaSalle Street, Suite 1600 N F S B I T 209 Eighth Street Chicago, Illinois 60602-1159 A Professional Corporation Racine,Wisconsin 53403 TEL: 312.372.3227 TEL:262.634.6750 FAX:312.372.4646 WEB: www.ksnlaw.com December 23, 2009 Writers Direct No.: 847.777.7301 Writers Direct Fax: 847.777.7378 Writers E-Mail: jbickley @ksnlaw.com Reply to: Buffalo Grove Woodlands of Morton Grove LLC Village of Morton Grove Re: Assessment letter for 6271 Lincoln Avenue, Sr. Living Unit, Morton Grove Illinois-Permanent Index No: 10-20-121-037-1043 Woodlands of Morton Grove Condominium Association To whom it may concern: I am the attorney for the Woodlands of Morton Grove Condominium Association Please accept this correspondence as an "assessment letter" relative to the above referenced unit. The assessments are paid in full through the month of December 2009. To the extent that there is a right of first refusal, it is expressly waived. Very truly yours, john H. Bickley, I • i3939?.I CHICAGO TITLE INSURANCE COMPANY Commitment#: 1409 008283081 STATEMENT REQUIRED FOR THE ISSUANCE OF ALTA OWNERS AND LOAN POLICIES To the best knowledge and belief of the undersigned, the following is hereby certified with respect to the land described in the above commitment. That, except as noted at the end of this paragraph,within the last six(6)months(a)no labor,service or materials have been furnished to improve the land or to rehabilitate, repair, refurbish, or remodel the building(s)situated on the land; (b) nor have any goods, chattels, machinery, apparatus or equipment been attached to the building(s) thereon, as fixtures; (c) nor have any contracts been let for the furnishing of labor, service, materials, machinery, apparatus or equipment which are to be completed subsequent to the date hereof (d) nor have any notices of lien been received, except the following, if any: All work has either been paid for in full or a title indemnity has been established with your title company. 2. That all management fees if any,are fully paid,except the following,if any: none outstanding. 3. That there are no unrecorded security agreements, leases, financing statements, chattel mortgages or conditional sales agreements in respect to any appliances, equipment or chattels that have or are to become attached to the land or any improvements thereon as fixtures,except the following,if any: 4. That there are no unrecorded contracts or options to purchase the land,except the following, if any: 5. That there are no unrecorded Leases, easements or other servitudes to which the land or building, or portions thereof, are subject,except the following if any: 6. That,in the event the undersigned is a mortgagor in a mortgage to be insured under a loan policy to be issued pursuant to the above commitment, the mortgage and the principal obligations it secures are good and valid and free from all defenses; that any person purchasing the mortgage and the obligations it secures, or otherwise acquiring any interest therein, may do so in reliance upon the truth of the matters herein recited; and that this certification is made for the purpose of better enabling the holder or holders, from time to time, of the above mortgage and obligations to sell. pledge or otherwise dispose of the same freely at any time, and to insure the purchasers and pledgees thereof against any defenses thereto by the mortgagor or the mortgagor's heirs,personal representative or assigns. 7. That. 1/we am/are the purchaser(s) or mortgagor(s) of land improved with a residential dwelling not exceeding four units and no current survey or mortgagee' inspection report has been furnished to or is available to me/us. [DELETE STATEMENT IF NOT APPLICABLE.] The undersigned makes the above statement for the purpose of inducing Chicago Title Insurance Company to issue its owners or loan policy pursuant to the above commitment. Sellers or Owners: N Purchased: , % / Woo 1 ds f Mo on Grove, LLC a f BY \ ITS (Seal) /1 ' (Seal) my Auth rued Agent 11,44:11V)) LENDER'S DISBURSEMENT STATEMENT The undersigned hereby certifies that the proceeds of the loan secured by the mortgage to be insured under the loan policy to be issued pursuant to the above commitment were fully disbursed to or on the order of the mortgagor on . You are hereby authorized to date down the above commitment to cover the date of said disbursement. Dated: Signature: PERSONAL UNDERTAKING • (GAP) WHEREAS, the Chicago Title Insurance Company, hereinafter referred to as the "Company', is about t,, ea.uc its title insurance policy or policies or commitments therefor, all hereinafter referred to as the "Title lnsuranr:_ F::iicv No. 1409 008283081 SR ,in respect to the land described therein; AND WHEREAS, the Company has raised as title exceptions on the Title Insurance Policy certain defects, liens, encumbrances,adverse claims,or other matters, all hereinafter referred to as"Exceptions to Title",described as follows: All rights, interests,liens, claims, encumbrances, or defects in title or any of them, or any rights existing by reason of the consequence thereof or growing out thereof subsequent to NOVEMBER 20, 2009 AND WHEREAS.the Company has been requested to issue the Title Insurance Policy. and may hereall r,rn rho of dinary course of its business, issue title insurance policy or policies or commitments therefor in the form or form, ode. or then commonly used by the Company, or issue hold harmless or indemnity letters to induce other title insurance uu;panic, to issue title insurance policies or commitments therefor. in respect to the land or to some part or parts Ihc'tcol', oe interests therein, all of the foregoing being hereafter referred to as "Future Policies or Commitments', either Iroe a;rd clear of all mention of the aforesaid Exceptions to Title,or insuring against loss or damage by reason thereof; NOW THEREFORE, in consideration of the issuance of the Title Insurance Policy as aforesaid, the undersigned.jointly and severally, for themselves, heirs, personal representatives, successors and assigns do hereby covenant and agree with the Company: (1) to forever fully protect, defend, and save the Company harmless from and against all the Exceptions to Title, in and from any and all loss, costs, damages, attorneys' fees, and expenses of every kind and nature which it may suffer, expend or incur under, or by reason, or in consequence of the Title Insurance Policy on account, or in corsequence, or growing out of the Exceptions to Title or on account of the assertion or enforcement or attempted assertion'ti enforcement thereof or of any rights existing or hereafter arising, or which may be claimed to exist under, or by reason _ or in consequence, or growing out of the Exceptions to Title or any of them including all reasonable amounts er pended by the Company under this Agreement and also including loss. costs, damages, fees and expenses (including iltorne '_ Les and expenses) incurred by the Company in enforcing this Agreement; (2) to provide for the defense, at their own ccpcnsc, on behalf and for the protection of the Company and the parties insured or who may become insured, against Jozs i it damage under the Title Insurance Policy (but without prejudice to the right of the Company to defend if it so elects) in all litigation consisting of actions or proceedings based on any Exceptions to Title which may be asserted or attempted to he assert Al, established or enforced in, to, upon, against or in respect to the land or any part thereof, or interest therein; (3) to pay, discharge, satisfy, and remove from the title to the land, and clear from the public record all of the Exceptions to Title; and (4) that each and every provision herein shall extend and be in force concerning Future Policies or Commitments. The foregoing notwithstanding, it is hereby covenanted and agreed, and expressly made a part of this agreement that the liability of the undersigned hereunder shall cease and determine at such time as the Company shall have completed all of its various title searches and examination thereof covering the date of DATE OF RECORDING , required for the issuance of the above policy; provided, however that (1) no rights, interests, liens, claims, encumbrances. of defects in title or any of them, or any rights existing by reason or in consequence thereof or growing out thereof are discieescd by the various title searches and examination thereof; (2) there is then pending no suit, action, or proceedings, ether direct or collateral.to assert, establish, or enforce the said mentioned rights, interests,liens,claims.encumbrances, or debuts in title. or in any of them, or any rights existing or arising by reason or in consequence thereof or growing out there?.I t3) that no judgment, order, or decree rendered in any such proceeding remains unsatisfied; and (4) that the undersigned is not in default in the performance of any of the terms,covenants,and conditions hereof. FOR CORPORATIONS FOR INDIVIDUALS IN WITNESS WHEREOF, the undersigned, being IN WITNESS WHEREOF,the undersigned have the hereinafter named corporation, has caused these executed this agreement this nay of presents to be signed by its President and attested by its Secretary and has used its corporate seal to be A.D. hereto affixed this t'U day of C.tGMAJi" A.D. oOO1 ..,,rALI L ��" Gahm Social Security Number: PO oo01,4AO6 Or / I O s/ D7V 1 ahm /U_' Address: eMs t tt-AtL4 & OV tTar. ISA/3 vyi%r BY: jYIS ir"sl StD President ATTEST: 'ShAL Secrets - Social Security Number: ADDRESS OF CORPORATION: 5fiet i - Address: bcr6 #1M j[JC5 ,. bf-9/'8 Accepted and Approved By: Date: ti41-61 p4 criase>n Pay Proceeds Letter l l Woodlands Of Morton Grove,LLC hereby directs that 100%of the sales proceeds from the sale of The Woodlands Triangle to The Woodlands Of Morton Grove Condominium Association. ill Woodlands Of Morton Grove,LLC IlipnE V By TI e iott Grou Inc., its Managing Member i r By: u ulC; 10=• I Its: resident[ December 28,2009 • III II I I II Closing Statement Seller: The Woodlands Of Morton Grove Buyer: The Village Of Morton Grove,Illinois Property: 6301 Lincoln Avenue(Woodlands Triangle),Morton Grove,Illinois Closing Date: December 28,2009 I Funds Due Seller Purchase Price $250,000.00 Total Funds Due Seller $250,000 00 I Credits Due Purchaser I Earnest Money 00 p Real estate tax pro-ration credit for 2009 a 150%of actual 2009 �-� ' t O L' S assessment and equalized 2008 tax rates(365 days) $1u da2 3 r ' Total Credits Due Purchaser eii.3R`2�31/VP \ %) -(016 Seller's Costs Paid From Closing I Owner's title policy $40000 Commitment update fee 100.00 New York Style closing fee(112 of total) 150.00 Escrow closing cost(112 of total) 200.00 Recording of release deeds(2) 100.00 -I-ti l7C`.CO ArencAcleAD Total Seller Costs Paid at Closing $959.80. S 1t3G.eu Net Cash Due Seller at Closing ° Agreed: 0 }�. , '1 Agreed: Seller: A 93” 09--1.3). Breyer: I \Voodl n `t0$Morton Grove, LLC 1 �\�J�\ illage/4f N e bn arpve / ` tt i4c -LUen t l'act. 1rf_ 1 lit •r Its: t'1 'n'-N I /taxi q Its: ��1 /lE! C/" I ' Ir 4 Date: Vae LS, j 0 ) / J 7 Date: / L ' NCO " Parties agree to re-prorate 2009 taxes upon receipt of the final 2009 tax bill. 18TH AMENDMENT TO THE SECOND AMENDED AND RESTATED DECLARATION OF CONDOMINIUM OWNERSHIP AND OF EASEMENTS, RESTRICTIONS, COVENANTS AND BY-LAWS FOR THE WOODLANDS OF MORTON GROVE CONDOMINIUM ASSOCIATION For Use By Recorder's Office Only RECITALS WHEREAS, the Woodlands of Morton Grove Condominium Association was established by the filing of a certain Dedaration of Condominium Ownership for Lincoln Avenue Condominiums with Cook County Recorder of Deeds as document number 00451023 on June 19, 2000 and has been subject to various amendments from time to time which have added units in additional common elements to the Association, changed the Association's name to Woodlands of Morton Grove Condominium Association and distributed various storage units and parking spaces;and WHEREAS the legal description of the property encompassed by this Association is set forth in Exhibit"A"(Condominium Parcel); and WHEREAS, in furtherance of litigation instituted by the Condominium Association against the Developer,Woodlands of Morton Grove LW, a settlement agreement was reached whereby a parking space and storage space, designated EP 12 and ES 12 respectively will be transferred from its Owner/Developer,Woodlands of Morton Grove LLC to the Woodlands of Morton Grove Condominium Association and converted to common elements; and WHEREAS, the Developer, Woodlands of Morton Grove LLC, reserved the right to transfer the aforesaid parking and storage spaces to purchasers of residential units as Exclusive Limited Common Elements; and WHEREAS, all residential units have been sold or otherwise transferred by the Developer thereby preventing the assignment of the aforesaid parking and storage spaces as Limited CW03 63 8 0100Z9346.1 Common Elements appurtenant to residential units resulting in their conversion to Common Elements. NOW THEREFORE, for the purposes set forth above, upon recordation of this Amendment the parking space identified as EP 12 and the storage space identified as SP 12 be and are converted into common elements and transferred to the Woodlands of Morton Grove Condominium Association and the use and administration of same are subject to the powers and duties of the Board of Managers as set forth in the Declaration of Condominium and Illinois Condominium Property Act. END OF TEXT OF AMENDMENT CW0363801G729346.1 PRESIDENT'S SIGNATURE PAGE STATE OF ILLINOIS ) )SS COUNTY OF COOK ) I, Harvey Silverman, am the President of the Board of Managers of the Woodlands of Morton Grove Condominium Association, an Illinois Condominium established by the recording of the Declaration,and by my signature below do hereby execute the foregoing Amendment to the Declaration pursuant to Section 18 of the Illinois Condominium Property Act. EXECUTED this_day of December, 2009 BY: President CWO3638010V29346.1 DEVELOPERS SIGNATURE PAGE STATE OF ILLINOIS )SS COUNTY OF COOK I, Mark Elliott,am an authorized agent of the Developer,Woodlands of Morton Grove LLC,and by my signature below do hereby execute the foregoing Amendment to the Declaration memorializing the conversion into transfer of parking space EP 12 and storage space SP 12 into common elements subject to the authority of the Board of Managers of the Woodlands of Morton Grove Condominium Association.. EXECUTED this day of December, 2009 CW03638010729346.1 AFFIDAVIT OF NOTICE TO LIEN HOLDERS OF RECORD STATE OF ILLINOIS )SS COUNTY OF COOK 1, , being first duly sworn on oath, deposes and state that I am the Secretary of the Board of Managers of the Woodlands of Morton Grove Condominium Association, an Illinois Condominium, and that pursuant to Paragraph 21,written notice of the foregoing Amendment has been sent by certified mail to all lien holders of record against any unit in the condominium Association. Secretary SUBSCRIBED AND SWORN to before me this day of December,2009 Notary Public CW03638010729346.1 AFFIDAVIT OF TITLE State of Illinois ) County of Cook ) The undersigned affiant, being first duly sworn, on oath says and also covenants with and warrants to the Grantees hereinafter named: The affiant has an interest in the premises described below or in the proceeds thereof or is the Grantor in the Deed dated September 25, 2005 to The Village Of Morton Grove,,Illinois, an Illinois Municipal Corporation, Grantee,conveying the following described premises: See Exhibit A Attached Hereto That no labor or material has been furnished to or for the premises within the last four months that is not fully paid for. That since the title date of November 20, 2009, in the report on title issued by Chicago Title & Trust Company, affiant has not done or suffered to be done anything that could in any way affect the title to premises, and no proceedings have been filed by or against affiant,nor has any judgment or decree been rendered against affiant, nor is there any judgment note or other instrument that can result in a judgment or decree against affiant within five days from the date hereof. That there are no parties in possession of the premises. That there are no utility bills pertaining to the property and there are no insurance policies are being assigned hereunder. That this Affidavit of Title is made to induce Grantee to acquire the premises. Woodlands of Morton Grove, LLC, an Illinois Limited Liability Company, by The Elliott Group, Inc.,its Managing Member By: Its: President SUBSCRIBED and SWORN TO BEFORE ME this day of ,2009. Notary Public EXHIBIT"A" PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PR ONO-M-121-045-1091 1 I . I EXHIBIT"A" PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .96 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PIN#:I0-20-121-045-1091 EXHIBIT"A" PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PRO M0-20-421-045-1091 - I • 4 I 1 °! tl .III I t� vl FBI sty Property Address: Doc#: 1108731038 Fee: $44.00 6301 Lincoln Avenue Eugene"Gene"Moore RHSP Fee:$10.00 Morton Grove.IL Cook County Recorder of Deeds Date:03/26/2011 11:41 AM Ptk 1 of 5 TRUSTEE'S DEED (Individual) This Indenture, made this Sth day of September, 2005,between Parkway Bank and Trust Company.an Illinois Banking Corporation,as Trustee under the provisions of a deed or deeds in trust,duly recorded and delivered to said corporation in pursuance of a trust agreement dated September 12,2003 and known as Trust Number 13636,as party of the first part, and (THE \'ILLAGE OF MORTON GROVE, a Illinois Municipal Corporation,as party of the second part. J 1 L1 WITNESSETH,that said party of the first part,in consideration of the sum of Ten Dollars (510.00) and other good and valuable consideration in hand paid,does hereby grant convey and quit claim unto the said party of the second part all interest in the following described real estate situated in Cook County,Illinois.to wit: BE LI6i".AT1IREs O THE FAQ IcS EXECUTIit'G THIS OUCC r?' See Exhibit A for Legal Description and PLN ME CORES AND ARE NOT Olikiii,kL SIGNATURES. •r' ! 7 'together, with the tenements and appurtenances[hereunto belonging. hi This deed is executed pursuant to the power granted by the terms of the deed(s) in trust and the trust agreement and is subject to liens. notices and encumbrances of record and additional conditions.if any on the reverse side. . 4 , ;F m✓Gmr.m.ORtWt PSI...£Z PF:;:41asF2r :hL? DATED: Stb day of September. 2005 l• �/5/p 7C/ i-•LC/, /41 c.. Parkway Bank and Trust Company, <4. • �.. . = y. 'as Trust Number 1.353 ,e. 4�F% • F 1 , \O� Attest-. - , Y • •- -i:; • .�i, ;.,. I .lime Y. P� c�s/�tns10 4 j .10 Ann Kubinski t'rya. .dE:i \ice Pr tent&Trust Officer Assistant Trust Officer • ` c Fes' cno: under provisjons or Paragraph 6 Section 4, i..o. Ent:C T: ..s Eck/�, / crz \ t 1 cilia Property Address: 6301 Lincoln Avenue Morton Grove, IL TRUSTEE'S DEED (Individual) This Indenture, made this 8th day of September, 2005, between Parkway Bank and Trust Company, an Illinois Banking Corporation, as Trustee under the provisions of a deed or deeds in trust, duly recorded and delivered to said corporation in pursuance of a trust agreement 7,0 dated September 12, 2003 and known as Trust Number 13636, as party of the first part, and r0 THE VILLAGE OF MORTON GROVE, a Illinois Municipal Corporation, as party of the Qs second part. (0 WITNESSETH, that said party of the first part, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, does hereby grant convey and quit claim unto the said party of the second part all interest in the following described 0 N real estate situated in Cook County, Illinois, to wit: 00 0 See Exhibit A for Legal Description and PIN together with the tenements and appurtenances thereunto belonging. This deed is executed pursuant to the power granted by the terms of the deed(s) in trust and the trust agreement and is subject to liens, notices and encumbrances of record and additional conditions, if any on the reverse side. EXEMPT-PURSUANTTO SECTION 1-11-5 VILLAGE OF MORTON GROVE REAL ESTATE TRANSFER STAMP DATED: 8th day of September, 2005. EXEMPTION NO 07{l043 DATE/ /J� Y ADDRESS (., 30/ / /ote/i Aa;Z Parkway Bank and Trust Company, Ev i( M¢Z`2,- = ca.:a p. as Trust Number 3�3; � jrDP�rp�® a BY �' ;rte Attest: ,(1 �R�f� Bt1Lj I Ii-ne Y. Pes -ns do Ann Kubinski 4Or :\su,ic15 S Vice ' • •nt& Trust Officer Assistant Trust Officer �� . �� Exempt under provis)ons of Paragraph 4— Section 4, Real Estate Transfe/Tax pet. / Date 'ei !Buyer, SSeellLrrr or Representative ]1'anoa0 uolaow anuaAV uloaun 1019 Spadoad jo ssaippy 'II`anoa9 aolaow anuand mown-too aAOR0 MOI110IA!30 aOvTIIA 3111 :3.1'IIV1�1 90L09 s!oa!III`spAaH poo,uaeg anuand wa!aeg•u 0084 nlsu!gng uuv op:Aq paaedaad sum laawnalsu!s!qy 8� - C•u� .J SWIdX UO!SSWWDO. IAj SIONn'! ;O 72d2 O''Pd ASV+_ON NHON ven I a!!gnd'Caelou „7V?S '500Z aagwa;daS 10 Sep q;8 sly;leas Saelou pug pun'Sw aapun uan!9 •gpollas u!aaaq;sasodind pue sasn aql.n:0'ye&lelunlon pue aa.0.gag1 se luawnJlsm pies ayl Suuan!lap pue Suyeas °Su!aS!s paSpapnoua!ae pue`uosaad a Sep sup p aw aaq{aq paaeadde °uuogs sag!aedea aql eq luawnalsu! u!oSaaol ayl o1 paqpasqns ale saweu asogn+suosaad awes aq;aq of aw o; umou)l Speuosaad aaagl0;snit luels!ssV `plsu!gnx uud or pue Haag;0 lsma Ig luap!sa.d aa!A`n1suAzsad •A aue!Q.VH•L AAI.L2I30 AH3ilau Ou`p!rsaaoje ale1S ay;u!°Slunoj pies ao1 pue u!oggnd SaeloN a`pau2!saapun ayl'I ( MOOD 40 AINAOD 'SS ( SIO!.II`ITI 30 nvis EXHIBIT "A" PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, • ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. II PIN#:10-20-121-045-1091 • • STATE OF ILLINOIS) ) SS COUNTY OF COOK ) I, Tony S. Kalogerakos, Village Clerk for the Village of Morton Grove in the County of Cook, in the State of Illinois, do hereby certify that the following, hereinafter described, are true and correct copies of the original documents which are part of the records of my office as such Village Clerk: Resolution 09-55 Authorizing the Village to Acquire Property Commonly Known as the Woodlands Triangle I hereby subscribe my name as Village Clerk and affix the Official Corporate Seal of the Village of Morton Grove, this 13th day of October 2009. ?� �! TONY S. KAGERAKOS, Vil age Clerk Legislative Summary Resolution 09-55 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS THE WOODLANDS TRIANGLE, MORTON GROVE, ILLINOIS Introduced: October 12,2009 Objective: To authorize the purchase of property commonly known as the Woodlands Triangle which is located within the Lehigh/Ferris TIF District. Purpose: This property is being purchased for public infrastructure improvements. Background: Since the creation of the Lehigh/Ferris TIF District in 2000, the Village has acquired numerous pieces of property for possible future development. The property known as the Woodlands Triangle is available for purchase. As requested by the Village Board,Village staff has negotiated a contract with the owner for Village Board approval. The terms of the contract include: 1. The Purchase Price $250,000; 2. Closing on or before December 31, 2009. Funds for the purchase and acquisition of this property are contained in the 2009 Budget, in the Lehigh/Ferris TIF District Fund(General Obligation Bond). Programs, Departments Finance Department, Village Administrator, Legal Department, Community and or Groups Affected: Economic Development Fiscal Impact: $250,000 Source of Funds: Funds have been budgeted for in the Lehigh/Ferris TIF District Fund. Workload Impact: Corporation Counsel will handle the closing of this transaction as part of her normal workload. Administrator Approval as presented. Recommendation: Second Reading: Not Required Special Considerations or None Requirements: Administrator Approval 4, a, ! g ose . 'ade, Village Administrator Prepared by: Reviewed by: air<s—� Teresa Llof7man Liston, Corporation Counsel : 1 Neuendor , munity & Economic f Developme. Direct. RESOLUTION 09-55 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS THE WOODLANDS TRIANGLE IN MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS,the property commonly known as the Woodlands Triangle is located in the Lehigh/Ferris TIF Redevelopment District; and WHEREAS, to date, as part of the Lehigh/Ferris Redevelopment Plan, the Village has acquired and land banked certain properties for future redevelopment; and WHEREAS, it is in the best interest of the Village of Morton Grove to acquire the property commonly known as the Woodlands Triangle in Morton Grove, Illinois 60053 to be land banked and used for redevelopment and/or public infrastructure; and WHEREAS, the Village, in its 2009 budget, appropriated sufficient funds for the purchase and acquisition of properties; and WHEREAS, the cost to acquire this property shall be paid from the Village's Lehigh/Ferris TIF District Fund (General Obligation Bond); and WHEREAS, Village staff and the owner of the property have negotiated a"Contract" for the purchase of the property subject to the approval of the Village Board of Trustees; and WHEREAS, the terms of the contract include: 1. The Purchase Price $250,000; 2. Closing on or before December 31, 2009. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth herein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and Village Clerk of the Village of Morton Grove are hereby authorized to execute such contract or other documents to acquire the property commonly known as the - Woodlands Triangle legally described in Exhibit"A" and located at approximately Lincoln Avenue and Lehigh Avenue in Morton Grove, Illinois for a sum not to exceed two hundred and fifty thousand dollars ($250,000)with a contract closing to occur on or about December 31, 2009, with additional terms and conditions in substantial conformity with Exhibit `B", or such other terms to be approved by the Village Administrator and Corporation Counsel. SECTION 3: The Village Administrator, Corporation Counsel and/or their designees are hereby authorized to negotiate, prepare, execute, and deliver any documents or take any steps necessary to acquire said property pursuant to the terms set forth above. SECTION 4: This Resolution is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 5: This Resolution shall be in full force and effect from and after its passage, approval and publication according to law. — PASSED this 12`h day of October 2009. Trustee DiMaria Trustee Gomberg Aki---- Trustee Grear if Trustee Marcus Trustee Thill Ala Trustee Toth _:, ,r___ APPROVED by me this 12th day of October 200'. A n, Danie J ?ann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 13th day of October,'009. 4 .� Tony I. Ka ger os, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit A PIN 10-20-121-034-1091 PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER CF THE NORTHWEST 1/4 OF TEL SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH-90 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE VEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OP CHICAGO-MILWAUP.EE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 79.26 FEET; THENCE SOUTH 55 DEGREES 40 MI.NUTES 08 SECONDS WEST, 62.59 FEET; THENCE SOUTH SOUTH 20 DEGREES 44 MINUTES 26 SECONDS WEST, 62.68 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 214.40 FEET TO SAID POINT OF BEGINNING, CONTAINING 12,508 SQUARE FEET, MORE OR LESS, ALL IN NILES, TOWNSHIP, COOK COUNTY, ILLINOIS. EXHIBIT B CONTRACT FOR THE PURCHASE OF VACANT LAND COMMONLY KNOWN AS THE WOODLAND'S TRIANGLE MORTON GROVE, ILLINOIS BETWEEN THE VILLAGE OF MORTON GROVE AND PARKWAY BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 12, 2003, AND KNOWN AS TRUST NUMBER 13636 PREPARED SEPTEMBER 28, 2009 The VILLAGE OF MORTON GROVE, a municipal corporation and a home rule unit of government located in Cook County, Illinois ("Village" or"Buyer") hereby agrees to purchase and Parkway Bank and Trust Company, as Trustee under Trust Agreement Dated September 12, 2003, and Known as Trust Number 13636 ("Seller") hereby agrees to sell that property commonly known as the Woodland's Triangle, Morton Grove, Illinois and legally described in Exhibit A and all improvements thereon ("the real estate") pursuant to the following terms and conditions: 1) PURCHASE PRICE: The Village shall pay Seller the sum of two hundred fifty thousand dollars ($250,000) to be paid as follows: A Within two (2) business days of the execution and delivery of this Contract, the Village shall deposit with the Seller's attorney the sum of One Thousand Dollars ($1, 000.00) as and for "Earnest Money". B Payment at Closing. The balance of the Purchase Price, as adjusted by agreed or customary credits and prorations including tax prorations, security deposits, and unpaid utilities shall be paid in good funds at Closing. 2) CLOSING: The Closing shall take place no later than December 31, 2009, at a location mutually agreed upon by the Village and the Seller. 3) CONTINGENCY PERIOD AND INSPECTIONS. A The Seller shall make available to Village for Village's inspection, copies of all leases, contracts, rent rolls, surveys, environmental reports, soils tests, maps and plats for the subject property in its possession and control before 5:00 pm on October 23, 2009. B The Village and its agents shall have until 5:00 PM on November 13, 2009 (the "Contingency Period") to conduct, at Village's sole cost and expense and subject to the terms hereof, its "Inspection" of the Subject Property which may include without limitation physical inspections, asbestos sampling, surveys, soils tests, site analyses, engineering studies, examinations of the building and improvements thereon (including structural and mechanical tests) environmental studies and investigations and appraisals. C The Village may terminate this Contract for any reason during the contingency period and in such event, the Earnest Money (and any interest earned thereon) shall be returned to Village. Contract for the Purchase of the Woodland's Triangle D Seller represents and warrants the real estate shall be vacant at closing: 4) TAX PRORATIONS: The Seller shall be responsible for payment of all real estate taxes through the date of closing. Taxes through the date of closing which are not yet ascertainable shall be prorated at 150% of the most recent ascertainable full year taxes, and shall be re-prorated when the actual bill is made available. 5) TITLE: At Seller's expense, Seller will deliver or cause to be delivered to the Village within five (5) days in advance of Closing, as evidence of title in Seller, a title commitment for an ALTA title insurance policy in the amount of the Purchase Price with extended coverage by a title company mutually acceptable to the parties issued on or subsequent to the Date of Acceptance of this Contract, subject only to items listed in Paragraph 7. Notwithstanding anything to the contrary, the property shall not be subject to any declaration of condemnation including without limitations the Woodlands Condominium of Morton Grove. The parties shall each pay their respective usual and customary share of any requested additional title charges and the parties shall equally pay for any closing escrow incurred as a result of this transaction. If the title commitment discloses any exceptions not acceptable to Village, then Seller shall have said exceptions or encroachments removed, or, with the Village's approval, have the title insurer commit to insure against loss or damage that may be caused by such exceptions or encroachments. If Seller fails to have unpermitted exceptions waived or title insured over prior to Closing, Village may elect to take the title as it then is, with the right to deduct from the Purchase Price prior encumbrances of a definite or ascertainable amount as shall be reasonably agreed by the parties. Seller shall furnish Village at Closing an Affidavit of Title covering the date of Closing, and shall sign any other customary forms required for issuance of an ALTA Insurance Policy. 6) SURVEY. Within seven days prior to closing, Seller shall furnish a staked ALTA survey dated within 90 days of closing showing all boundaries, rights of way, easements, and set back lines and evidencing that the property is free of all encroachments. 7) DEED: Seller shall convey or cause to be conveyed to the Village good and merchantable title to the Real Estate by recordable Warranty Deed subject only to: general real estate taxes not due and payable at the time of Closing, covenants, conditions, and restrictions of record, building lines and easements, applicable zoning and building laws, ordinances, restrictions and acts suffered or done by the Village if any, so long as they do not interfere with the current use and enjoyment of the real estate. 8) POSSESSION: At closing, the Seller shall surrender the property devoid of any tenancies and free and clear of any leases. 9) SELLER REPRESENTATIONS: Seller represents that all leases and tenancies have been fully disclosed to Village, that Seller has not received written notice from any Governmental body of (a) zoning, building, fire or health code violations that have not been corrected; (b) any pending rezoning; or (c) a proposed or confirmed special assessment and for special Contract for the Purchase of the Woodland's Triangle service area affecting the Real Estate. Seller further represents that Seller has no knowledge of boundary line disputes, easements or claims of easement not shown by the public records, any hazardous waste on the Real Estate or any improvements for which the required permits were not obtained. 10) MAINTENANCE OF PROPERTY: Except as specifically provided in this agreement, the property shall be maintained in the same condition as found on the date of the contract, normal wear and tear, excepted. 11) DESTRUCTION OR DAMAGE OF PROPERTY. If prior to the closing, the subject property or any part thereof shall be materially damaged by fire or other casualty, the Village shall have the option to terminate this Contract, upon written notice given to the other party within ten (10) days after such material damage. In such an event, the earnest money shall be returned to the Village. If the foregoing option to terminate is not exercised, this Contract shall continue in full force and effect, and the Seller shall assign its interest in any insurance policies covering the property at the time of the fire or casualty to the Village. 12)DEFAULT: Seller shall be responsible for all damages, reasonable costs and expenses including attorney's fees due to the failure of the Seller to comply with the terms of this Contract. The Village shall be responsible for all damages, reasonable costs and expenses, including attorney's fees incurred by the Seller, in excess of any earnest money retained by Seller due the failure of the Village to comply with the terms of this Contract. 13)NOTICE: All notices required shall be in writing and shall be delivered by personal delivery; by certified mail, return receipt requested which shall be effective on the date of mailing; or by sending facsimile transmission which shall be effective as of date and time of facsimile transmission, provided that the notice transmitted shall be sent on business days during business hours (9:00 A.M. to 5:00 P.M. Chicago time). In the event fax notice is transmitted during non-business hours, the effective date and time of notice is the first hour of the first business day after transmission. Notices to the Seller shall be addressed to Seller's attorney: Michael Elliott, Elliott and Associates, Ltd., 1440 Lee Street, Des Plaines, Illinois 60018, 847-296-3003. Notices to the Village shall be addressed to Teresa Hoffman Liston, Corporation Counsel, 6101 Capulina Avenue, Morton Grove, Illinois 60053; fax: 847-965-4162. 14) MISCELLANEOUS: A Time is of the essence of this Contract. B The Seller shall pay for all County, State and Municipal transfer taxes to the extent required by law. C All disputes related to the construction or enforcement of these terms and provisions Contract for the Purchase of the Woodland's Triangle shall be governed by the laws of the State of Illinois and are subject to the covenant of good faith and fair dealing implied in all Illinois contracts. D The terms of this contract and all related negotiations shall be kept confidential to the extent allowed by law until this transaction has closed. E The parties agree to comply with the reporting requirements of the applicable sections of the Internal Revenue Code and the Real Estate Settlement Procedures Act of 1974, as amended. 15) This contract is contingent upon the Village, the seller and the Woodlands of Morton Grove Condominium Association entering into an agreement regarding the removal of the property from the Condominium known as the Woodlands of Morton Grove. 16) Future improvements to the property shall not obligate the Buyer to restore or improve existing improvements located on adjacent parcels. Emergency vehicle access, however, will be maintained. THIS CONTRACT SHALL NOT BECOME EFFECTIVE UNLESS AUTHORIZED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE. This Contract has been executed as of /J'/ L3 2009 (the Contract date). "Seller" "Buyer" PARKWAY BANK AND TRUST CO. VILLAGE OF MORTON GROVE, ILLINOIS AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 12, 2003, AND KNOWN T U NUMBER 13636 / By: � � TS �(rl.Pr(' By: �/ /%1 Name: mAttiz 6-1-4Tf' Name: Daniel J. Staackmann Title: t i etrI _ Title: Village President Attest: Attest: 't By: By: Name: Name: Tony S. Kalogerakos Title: Title: Village Clerk f A Jam'/ ray�. L• ' V V CHICAGO TITLE INSURANCE COMPANY 1::::1 (INVOICE AS OF 12/16/09) PAGE: 01 OFFICE: 01409 ORDER NUMBER: 008283081 ESCROW NUMBER: NSCO25092838-001 ACCOUNT NUMBER: 0505626-000 CONTRACT NUMBER: ELLIOTT & ASSOCIATES DATE ORDER RECEIVED: 05/09/05 1430 LEE STREET REFER INQUIRIES TO: DES PLAINES, IL 60018-1517 CHICAGO TITLE INSURANCE - SKOKIE (847) 677-3410 KJ1 ATTENTION: JOANNE NELSON BUYER/BORROWER: THE VILLAGE OF MORTON GROVE SELLER/OWNER: THE WOODLANDS OF MORTON GROVE LLC CUSTOMER REFERENCE: EGI 16290/WOODLANDS TRIANGLE POLICIES APPLIED FOR: ALTA OWNERS 2006 $ 250,000.00 ♦3i#3#******ttittt***rn m s,,tYYititfitYYY },,Mmes m***ttitAtt#4Kii}}tt#}******it# RESPA LINE DESCRIPTION OF ITEMS 1108 TITLE INSURANCE - CONTRACT RATE 400.00 1108 COMMITMENT UPDATE FEE 100.00 1103 NEW YORK STYLE CLOSING 150.00 1101 COMMERCIAL SALE ESCROW FEE 200.00 1201 RELEASE(S) TO BE RECORDED 100.00 TOTAL CUSTOMARY SELLER/OWNER CHARGES: 950.00 1103 NEW YORK STYLE CLOSING 150.00 1101 COMMERCIAL SALE ESCROW FEE 200.00 1201 DEED TO BE RECORDED 1204 CONDO DEC AMENDMENT TO BE RECORDED < 90. 1204 2ND DEC AMENDMENT TO BE REC - EST TOTAL CUSTOMARY BUYER/BORROWER CHARGES: ` 580.00 TOTAL INVOICE: 1,530.00 MISCELLANEOUS DEBITS: .00 PAYMENTS/CREDITS: .00 NET AMOUNT DUE: 1 ,530.00 ♦11111111 ttt ti#tfitiitit#ik3i ts#tt t/ttt 1111 1111*tii ti tY ttt F;******Ftitfttttttttfitkttttitt AFFIDAVIT OF TITLE State of Illinois ) County of Cook ) The undersigned affiant, being first duly sworn, on oath says and also covenants with and warrants to the Grantees hereinafter named: The affiant has an interest in the premises described below or in the proceeds thereof or is the Grantor in the Deed dated September 25, 2005 to The Village Of Morton Grove, Illinois, an Illinois Municipal Corporation, Grantee, conveying the following described premises: See Exhibit A Attached Hereto That no labor or material has been furnished to or for the premises within the last four months that is not fully paid for. That since the title date of November 20, 2009, in the report on title issued by Chicago Title & Trust Company, affiant has not done or suffered to be done anything that could in any way affect the title to premises, and no proceedings have been filed by or against affiant, nor has any judgment or decree been rendered against affiant, nor is there any judgment note or other instrument that can result in a judgment or decree against affiant within five days from the date hereof. That there are no parties in possession of the premises. That there are no utility bills pertaining to the property and there are no insurance policies are being assigned hereunder. That this Affidavit of Title is made to induce Grantee to acquire the premises. Woodlands of Morton Grove, LLC, an Illinois Limited Liability Company, by The Elliott Group, Inc., its anaging Member By: �tle� u�ivt Its: President SUBSCRIBED and OVORN TO BEFORE ME OFFICIAL SEAL this�3(�1%day of E/y� L/L2009. JOANNE NELSON �/, / NOTARYPueuc-STATE OF Lt -/l.L�(GI[�� MY ION EXPIRES:SR O Notary Public EXHIBIT "A" PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PIN#':10-20-121-045-1091 Blank Page 1 of 1 Subj: The Woodlands of Morton Grove title report Date: 12/15/2009 3:45:07 P.M. Central Standard Time From: Jnelson @elliottlaw.com To: thllawoffice @aol.com Hi Chris Please let me know if you need anything else. Joanne Nelson Elliott&Associates 1430 Lee Street Des Plaines, Illinois 60018 Phone: 847-298-8300 x36 Fax: 847-298-8388 Email: JNelson @Elliottlaw.com Tuesday, December 15, 2009 AOL: Thllawoffice COMMITMENT FOR TITLE INSURANCE Chicago Title Insurance Company CHICAGO TITLE INSURANCE COMPANY,a Nebraska corporation,herein called the Company,for valuable consideration,commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the Proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest in the Land described or referred to in Schedule A,upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF,Chicago Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Issued By: CHICAGO TITLE INSURANCE COMPANY e CHICAGO TITLE INSURANCE COMPANY 5215 OLD ORCHARD RD SKOKIE, IL 60077 Refer Inquiries To: uthonzed signatory rta (847)677-3410 • Commitment No.: 1409 008283081 sic COMCVP06 11i06ncc CR5 12/11/09 16:25:14 • CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A YOUR REFERENCE: EGI 16290/WOODLANDS TRIANGLE ORDER NO. : 1409 008283081 SK EFFECTIVE DATE: NOVEMBER 20, 2009 1. POLICY OR POLICIES TO BE ISSUED: OWNER'S POLICY: ALTA OWNERS 2006 AMOUNT: $10,000.00 PROPOSED INSURED: THE VILLAGE OF MORTON GROVE 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT IS FEE SIMPLE,UNLESS OTHERWISE NOTED. 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS AT THE EFFECTIVE DATE VESTED IN: PARKWAY BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 12, 2003 AND KNOWN AS TRUST NUMBER 13636 COMA4OG 6/07 DGG CR5 PAGE Al 12/11/09 16:25:14 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER NO. : 1409 008283081 SK 4A. LOAN POLICY 1 MORTGAGE OR TRUST DEED TO BE INSURED: NONE 4B. LOAN POLICY 2 MORTGAGE OR TRUST DEED TO BE INSURED: NONE COMEMTG6 12/06 DGG CR5 PAGE Al 12/11/09 16:25:15 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER NO. : 1409 008283081 SK 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. COMLC06 12/O6OGG CR5 PAGE A2 12/11/09 16:25:15 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B ORDER NO. : 1409 008283081 SK SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. GENERAL EXCEPTIONS 1 . RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY PUBLIC RECORDS. 2. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. 3. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. 6. IF EXTENDED COVERAGE OVER THE FIVE GENERAL EXCEPTIONS IS REQUESTED, WE SHOULD BE FURNISHED THE FOLLOWING: A. A CURRENT ALTA/ACSM OR ILLINOIS LAND TITLE SURVEY CERTIFIED TO CHICAGO TITLE INSURANCE COMPANY; B. A PROPERLY EXECUTED ALTA STATEMENT; MATTERS DISCLOSED BY THE ABOVE DOCUMENTATION WILL BE SHOWN SPECIFICALLY. NOTE: THERE WILL BE AN ADDITIONAL CHARGE FOR THIS COVERAGE. 7. NOTE FOR INFORMATION: THE COVERAGE AFFORDED BY THIS COMMITMENT AND ANY POLICY ISSUED PURSUANT HERETO SHALL NOT COMMENCE PRIOR TO THE DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE COMPANY HAVE BEEN FULLY PAID. X 8. 1 . TAXES FOR THE YEAR(S) 2007, 2008 AND 2009 2009 TAXES ARE NOT YET DUE OR PAYABLE. 1A. NOTE: 2008 FIRST INSTALLMENT WAS DUE MARCH 03, 2009 NOTE: 2008 FINAL INSTALLMENT WAS DUE DECEMBER 01 , 2009 PERM TAX# PCL YEAR 1ST INST STAT 2ND INST STAT 10-20-121-045-1091 1 OF 1 2008 NOT BILLED $8,060.34 UNPAID PERM TAX# 10-20-121-045-1091 PCL 1 OF 1 YEAR 2007 VOLUME 117 3A TAX SALE AS SHOWN BELOW AND INTEREST, PENALTIES, COSTS AND ALL CHARGES, IF ANY, ACCRUED THEREUNDER BY REASON OF THE PAYMENT OF SUBSEQUENT GENERAL TAXES OR SPECIAL ASSESSMENTS: COMBNRO6 12/06 OGG CR5 PAGE B1 12/11/09 16:25:15 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1409 008283081 SK YEAR: 2007 DATE OF SALE: 07-24-2009 AMOUNT: $ 8,826.84 PENALTY 2 % PURCHASER: BELMONT REALTY CORPORATION AS TO 10-20-121-042-1091 (SALE COMPLETED) NOTE: AN ESTIMATE OF REDEMPTION CAN BE OBTAINED FROM THE COUNTY CLERK IN ROOM 434 OF THE COUNTY BUILDING. R 9. MORTGAGE DATED SEPTEMBER 24, 2003 AND RECORDED OCTOBER 8, 2003 AS DOCUMENT NO. 0328135118 MADE BY PARKWAY BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 12, 2003 AND KNOWN AS TRUST NUMBER 13636 TO AHW ENTERPRISES, INC. TO SECURE AN INDEBTEDNESS IN THE AMOUNT OF $3,703,350.00. (CONVEYS THE LAND HEREIN AND OTHER PROPERTY) Y 10. LIEN FOR CONDOMINIUM ASSESSMENT LIEN IN FAVOR OF WOODLANDS OF MORTON GROVE CONDOMINIUM ASSOCIATION AGAINST WOODLANDS OF MORTON GROVE RECORDED JUKY 14, 2008 AS DOCUMENT NUMBER 0819634116 IN THE AMOUNT OF $180,858.46. Q 11 . MUNICIPAL REAL ESTATE TRANSFER TAX STAMPS (OR PROOF OF EXEMPTION) MUST ACCOMPANY ANY CONVEYANCE AND CERTAIN OTHER TRANSFERS OF PROPERTY LOCATED IN MORTON GROVE. PLEASE CONTACT SAID MUNICIPALITY PRIOR TO CLOSING FOR ITS SPECIFIC REQUIREMENTS, WHICH MAY INCLUDE THE PAYMENT OF FEES, AN INSPECTION OR OTHER APPROVALS. N 12. UPON ANY CONVEYANCE OR MORTGAGE OF THE LAND, A STATEMENT FROM EITHER THE DEVELOPER OR THE ASSOCIATION CREATED UNDER THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS RECORDED JUNE 19, 2000 AS DOCUMENT 00451022 THAT THERE ARE NO UNPAID ASSESSMENT LIENS ARISING BY REASON OF THE NONPAYMENT OF ASSESSMENTS SHOULD BE FURNISHED. NOTE: THE STATEMENT SHOULD COVER THE RECORDING DATE OF THE MORTGAGE OR, IF TITLE IS TO BE CONVEYED, THE RECORDING DATE OF THE DEED, WHICHEVER DATE IS LATER. (TO BE WAIVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) D 13. SIGN AND TRAILER EASEMENT, FENCE EASEMENTS, GENERAL UTILITY EASEMENTS, DRAINAGE EASEMENTS, SANITARY SEWER EASEMENTS AND PARKING AND ROADWAY EASEMENTS AS CREATED BY AMENDED AND RESTATED DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTION AS CREATED BY RECORDED AS DOCUMENT NUMBER 0020639236. (TO BE WAIVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) E 14. EASEMENTS FOR UTILITIES FOR THE BENEFIT OF COMMONWEALTH EDISON, AMERITECH TELEPHONE COMPANY, AMERICAN TELEPHONE AND TELEGRAPH COMPANY. THEIR SUCCESSORS CR5 PAGE B 2 12/11/09 16:25:15 COMBIC06 12/06 DCC CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1409 008283081 SK AND OR ASSIGNS, AS CREATED BY PLAT OF EASEMENT RECORDED AS DOCUMENT NUMBER 0020510538. (AFFECTS THE WESTERLY 10 FEE OF THE LAND HEREIN) F 15. DECLARATION OF EASEMENTS FROM AMERICAN NATIONAL BANK & TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 20, 1988 AND KNOWN AS TRUST NUMBER 104455-00 TO NORTHERN TRUST BANK/LAKE FOREST, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 24, 1992 AND KNOWN AS TRUST NUMBER 9051 DATED JAN 31 , 1992 AND RECORD JANUARY 31 , 1992 AS DOCUMENT 92065892, CREATING: (A) AN EASEMENT FOR ACCESS AND INGRESS AND EGRESS FOR THE PARTY OF THE SECOND PART FOR ACCESS TO THE WAREHOUSE AND EXISTING EXIT DOORS OF THE WAREHOUSE LOCATED ON THE LAND OWNED BY SAID PARTY. (B) AN EASEMENT FOR ACCESS TO THE SUBSURFACE UTILITIES LOCATED ON THE LAND, SERVING THE ADJOINING PROPERTY; TOGETHER WITH THE TERMS AND CONDITIONS CONTAINED IN SAID INSTRUMENT (TO BE WIAVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) G 16. NOTE: THE FOLLOWING ITEM, WHILE APPEARING ON THIS COMMITMENT/POLICY, IS PROVIDED SOLELY FOR YOUR INFORMATION. THE FOLLOWING ENVIRONMENTAL DISCLOSURE DOCUMENT(S) FOR TRANSFER OF REAL PROPERTY APPEAR OF RECORD WHICH INCLUDE A DESCRIPTION OF THE LAND INSURED OR A PART THEREOF: DOCUMENT NUMBER: 93574914 DATE OF RECORDING: JULY 23, 1993 H 17. TERMS, PROVISIONS, COVENANTS, CONDITIONS AND OPTIONS CONTAINED IN AND RIGHTS AND EASEMENTS ESTABLISHED BY THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED JUNE 15, 2000 RECORDED JUNE 19, 2000 AS DOCUMENT NO. 00451022, MADE BY AHW ENTERPRISES, INC. RELATING TO RESTRICTIONS ON USE, LANDSCAPING, IMPROVEMENTS, UTILITIES AND SIGNAGE, MAINTENANCE OBLIGATIONS, ASSESSMENTS, EASEMENTS, EXPANSION RIGHTS. (TO BE WAIVED UPON CONVEYANCE TO THE VILLAGE OF MORTON GROVE) I 18. TERMS, PROVISIONS CONTAINED IN THE REDEVELOPMENT AGREEMENT WITH ELLIOTT HOMEBUILDERS INCORPORATED FOR THE FERRIS AVENUE LEHIGH AVENUE TAX INCREMENT FINANCING DISTRICT AS DISCLOSED BY ORDINANCE NO. 00-13. II 19. (A) TERMS, PROVISIONS, COVENANTS, CONDITIONS AND OPTIONS CONTAINED IN AND RIGHTS AND EASEMENTS ESTABLISHED BY THE DECLARATION OF CONDOMINIUM OWNERSHIP RECORDED JUNE 7, 2002 AS DOCUMENT NO. 00451023 AND AMENDED AND RESTATED BY DOCUMENT NUMBER 0020639239 AND SECOND AMENDED AND RESTATED DECLARATION RECORDED MAY 11 , 2005 AS DOCUMENT 0513145153, AS AMENDED FROM TIME TO TIME; AND (B) LIMITATIONS AND CONDITIONS IMPOSED BY THE CONDOMINIUM PROPERTY ACT. (TO BE WAIVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) U 20. FOR SKOKIE CLOSINGS, PLEASE FAX FIGURES TO (847)677-3421 . FOR HIGGINS ROAD CLOSINGS, PLEASE FAX FIGURES TO (847)318-0078. CR5 PAGE B 3 12/11/09 16:25:15 COMBICO6 12/06 DCC CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1409 008283081 SK FOR NORTHBROOK CLOSINGS, PLEASE FAX FIGURES TO (847)509-9886. WATER CERTIFICATION CAN BE ORDERED WHEN SCHEDULING A CLOSING. ** END ** CR5 PAGE B 4 12/11/09 16:25:15 COMEIC06 12/06 DCC CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO. : 1409 008283081 SK CONDITIONS 1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 or these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a) to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of tide or a report of the condition of title.Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the tide to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause.All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.You may review a copy of the arbitration rules at <http://www.alta.org/>. COMCONO6 12/O6DGG CR5 12/11/09 16:25:16 CHICAGO TITLE INSURANCE COMPANY 1031 EXCHANGE SERVICES If your transaction involves a tax deferred exchange, we offer this service through our 1031 division, IPX1031. As the nation's largest 1031 company, IPX1031 offers guidance and expertise. Security for Exchange funds includes segregated bank accounts and a 100 million dollar fidelity bond. Chicago Title and Trust company also provides a 50 million dollar performance Guaranty for each Exchange. For additional information or to set-up an Exchange, please call Scott Nathanson at (312) 223-2178 or Anna Barsky at (312) 223-2169. CRS IO3IEX 05/09 ML Effective Date: May 1,2008 Fidelity National Financial,Inc. Privacy Statement Fidelity National Financial,Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources,and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and,depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: Information we receive from you on applications or other fortes,such as your name,address,social security number,tax identification number, asset information and income information; Information we receive from you through our Internet websites,such as your name,address,email address,Internet Protocol address,the website links you used to get to our websites,and your activity while using or reviewing our websites; Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums,payment history,information about your home or other real property,information from lenders and other third parties involved in such transactions,account balances,and credit card information;and Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information(excluding information we receive from consumer or other credit reporting agencies)to various individuals and companies,as permitted by law,without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include,without limitation,the following: To insurance agents,brokers,representatives,support organizations,or others to provide you with services you have requested,and to enable us to detect or prevent criminal activity,fraud,material misrepresentation,or nondisclosure in connections with an insurance transactions; To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; To an insurance regulatory authority,or law enforcement or other governmental authority,in a civil action,in connection with a subpoena or a governmental investigation; To companies that perform marketing services on our behalf or to other financial institutions with which we have had joint marketing agreements and/or To lenders,lien holders,judgement creditors,or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined,settled,paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe,in good faith,that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers,employees,or property and/or to comply with a judicial proceeding,court order or legal process. Disclosure to Affiliated Companies-We are permitted by law to share your name,address and facts about your transaction with other FNF companies,such as insurance companies,agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research,or to market products or services to you. We do not,however,disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent,in conformity with applicable law,unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties- We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties,except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction,Amendment,or Deletion of Personal Information As required by applicable law,we will afford you the right to access your Personal Information,under certain circumstances to find out to whom your Personal Information has been disclosed,and request correction or deletion of your Personal Information. However,FNF's current policy is to maintain customers'Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection,all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law,we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial,Inc. 601 Riverside Avenue Jacksonville,FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement,we will post a notice of such changes on our website. The effective date of this Privacy Statement,as stated above,indicates the last time this Privacy Statement was revised or materially changed. PRIVACY 5/08 ML I H i , 1._ es . _ :+, . 1 .1 , lit _ .,3 • ce r Y 0 y''. ! t'fiCi I s - 1 •w s K 4, i . 1 �+ iF - , R � - to it I ea ra' ,et tm -414 :t.,fia _riti . . � , „ - < ,.' - d i _ w og I S :�° m c A it o °° e :U O :• o F, LL N O °..dv ppppp y m - G. O gv. e b Q t I I , : t m a y ° . sZ i I ' ll9t��° ,- S i S. b w 1 C '` C t Ali in, to - g AS m a _�°,., 5 m I 0b i . 0 M ? 1 - V I- c ' ! !I 65 6 / Q f i=12- thil 0 x U d m.0 5 m - U °.a' °..7 °.-1' U o G § S = °.3 d ,d'. % 1 ' Paid to: Date Check Number Check Amount THE VILLAGE OF MORTON GROVE 12/28/09 9200033326 $11,415.68 ESCROW #: 01409-025092838-001 ORDER #: 01409-008283081 CLOSER: KJl CLOSING LOC: NSC BUYER: THE VILLAGE OF MORTON GROVE SELLER: THE WOODLANDS OF MORTON GROVE LLC PROPTY: CITY: REFUND DUE BUYER 1 11,915.68 CHECK TOTAL $11,415.68 FOR SECURITY PURPOSES THIS DOCUMENT HAS VISIBLE&FLUORESCENT FIBERS&A TRUE WATERMARK-HOLD TO LIGHT TO VIEW. CHICAGO TITLE AND TRUST COMPANY 9200033326 85 W.ALGONQUIN RD.SUITE 400 BANKOFAkeca ARLINGTON HEIGHa TS L60005 847/78-4747 DISBURSEMENT 'NT 70-222S/Die DECEMBER 28,2009 FMEPq. SUS Lo N CLOSER a 1414154 S 025092838 001 NSC KJACOBSEN Pay • ELEVEN THOUSAND FOUR HUNDRED FIFTEEN AND 88/100 $11,415.68 To the • THE VILLAGE OF MORTON GROVE R* Order of 4 Memo 09 2000 3 3 3 26II' 1:07L9232841: 5 0,o 137651. 60 :: Cook County Treasurer's Office- Chicago,Illinois :: Page 1 of 2 MARIA PAPPAS COON COMITY = _ cook County ,(..:(411)� TREOSURER'S OFFICE Trey:+rPr MinEtennptlan=J Refunds Ser.lces For. Understanding Tax Dates Thin 23rrI F o r i Inheritance About the Conrad Us Savmgs -.I ; Stouts Your Tax Agents Office Cook County Property Tax and Payment Information PAYMENTS Printed copies of this Information may not be used as a tax bill. Payment Status Payments must be submitted with original tax bill. Online Payment By Mall Property Index Number(PIN): 10-20-121-045-1091 At Chase Bank Community Bank In Person 2008 Tax Year Information -Payable in 2009 Get a Copy of Bill Returned Checks Tax Year: 2008 Tax Type: Current Tax Volume: 117 PCL: 2-99 Prior Years Property Location Prepayment If taxes were sold 8440 CALLIE AVE Home MORTON GROVE,IL.00000-0000 (To update contact the Cook County Assessor's Office at 312-443-7550.) hector&a Topic: Research our ever- Mailing Information Exemption Information expanding library of useful topics. TAX PAYER OF Homeowner Exemption Received: NO Click Here. 6271 LINCOLN AVE Senior Citizen Exemption Received: NO MORTON GROVE,IL 60053-2850 Senior Freeze Exemption Received:NO To update your mailing information click here. If you are entitled to an exemption you did not receive, click here. To request a duplicate tax bill click here. To check if you received exemptions on previous tax years,click here. Tax Payment Information Installment Tax Amount Billed Tax Due Date Last Payment Date Received Received 1st $0.00 03/03/2009 $0.00 2nd $7,941.22 12/01/2009 $0.00 Balance Due: ( $8,060.34 Pay Current Taxes,-J a Printable Version t The balance due,including any penalty,is as of:12/10/2009 Payments processed are posted through:12/9/2009 The Cook County Clerk's office can help you with redemption and delinquent inquiries on prior year's taxes.You may reach the Clerk at: Main Number:(312)603-5656 You may find frequently asked questions and additional information at the Clerk's Office's Web site: http://www.cookctycierS5,.0om Search Again: PIN Search: Use the search field below to search property tax information. Enter your 14-digit PIN: http://www.cookcountytreasurer.com/paymentresults.aspx?ntopicid=3&banktype=1 12/10/2009 Cook County Assessor's Office Page 1 of 2 - Cook County Assessor's Office James M. Houlihan 8440 Callie Ave Unit: SeniorLivingUnit PIN 10-20-121-045-1091; Property Appeals Exemptions Certificate Of Error Property Details City i Morton Grove Township No Image Niles Available NBHD. 31 Taxcode 24062 Class Q t" i 17 2-99 rte• `-11 y CL VIEW LARGER IMAGE EQU LMIL �( , Q / V 0. view III$TD8JCAL 1AIAGE — 1 Csr,top gTAK G7 01 �lJ, 2LI Assessed Valuation +r 2009 2008 � First Pass Board of Review Assessment Certified / Land Assessed Value 1,564 2,503 Building Assessed Value 32,213 35,880 Total Assessed Value 33,777 38,383 Property Characteristics Estimated 2009 Market Value Q 337,770 Estimated 2008 Market Value 239,894 Description Residential Condominium Age: 2 Land Square Footage 637,812 http://www.cookcountyassessor.com/Property_S earch/Property_Details.aspx?Pin=10201210451091 12/14/2009 Apr „r Village of c%Iorton grove Office of the Corporation Counsel Telephone 847/663-3003 Fax 847/965-4162 April 6, 2011 Tracy Callaghan Cook County Board of Review 118 N. Clark Street, Room 601 Chicago,Illinois 60602 RE: Application by the Village of Morton Grove, Illinois For Non-homestead Property Tax Exemption PIN No: 10-20-121-045-1091 Commonly known as: 8440 Callie Avenue,Morton Grove, IL 60053 Dear Ms. Callaghan: To support the application of the Village of Morton Grove to exempt the above referenced property please find two sets of the following documents: 1. Property Tax Exemption Local Government Ownership Quick Check List; 2. Board of Review Real Estate Exemption complaint(B.R.Form R.E.E#7); 3. Illinois Department of Revenue Application(PTAX-300) (R-3/03); 4, Notarized Affidavit of Use; 5. Board of Review Exemption Petition; 6. Proof of Ownership (judgment); 7. Current tax bill; 8. Original photographs; and 9. Plat of Survey. If further documentation or information is needed, do not hesitate to contact incerely, t Teresa Hoffma Liston Corporation ounsel THL/mk cc: Daniel J. Staackmann, Village President Joseph F. Wade,Village Administrator Mlegal\Real Estate 84410 Collie,Woodlands Triangle,letter to Callaghan,4-I 1.doc Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 OT Recycled X a> ' t W al Go ~b6c2 2 r -1-' 0 O 0 3 ,gyp d w 0 ~ m q .5 d w > Y v 'O .3 O C m � ° " m° r s 5 ° o , V 'na • cc m c.� 5 W Q ;y m r g o 0 tiaaa °' 0 iii �$ + a W .c 5 = a tko a) x W d 0' m \W C « N Z Y I C C • Ps Z w 2 2 d ° m ° G W , 7 W V -5 p a a c S.-11. a .. z d -D o 2 c E d a ti lcO : P. '" ci cd c .d cc a7 ai o - F O cd x ; Z d m P. '. ,. . g i-i w m v n' m 1.cv!) o li a�i `o�" a � o � '3 a J v y I o ya a x v U h r F .z c I e .5 m I .,, 0 ; w .--42- le 4.:- 4: 0 ' lo O Z O ❑ ^ m x y., a 5 o i U O J z 33 y MI C a, a , d a X •c u E tel co U. I= O d m ° ° d 3 o H•o a v i — U G o Co �' .0 g m E ci v Z b 2 Q 4 . a o m m ❑ 4. W Q F C w C O � ` v 3 O A '5 I c:. 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O ,g a 3 a E- Y N t o m m E �Ea a ' v F0 '0 v , 0 U ; Illinois Department of Revenue • PTAX-300 Application for Non-homestead Property Tax Exemption — County Board of Review Statement of Facts Complaint no.: Volume no.: //7 IDOR docket number: County use only IDOR use only Part 1: Identify the property 1 r OC K 6 ( r; - - rz( 4' S- 9/ County in which property is located Parcel identifying number 2 V i (SE O Pi.C.(tr& ���-�' �- LAttacha copy of Property owner max,�G has not assigned a number if legal my is H the county 9 property is a division. 3 ZY yO (� A LL.i c 7 Dimensions or acreage of this property 0% 3 Street address of property 11 C - )L Lc c: 3 8 Iz / zC ( )-co <t City ZIP Date of ownership 4 11< L t..rl -E U F f-t iii'r G nv L Attach a copy of proof of ownership(deed,contract for deed, Name of organization applying for the exemption(La,"applicant") title insurance policy,condemnation order and proof of 5_ Yes No Is the applicant on Line 4 the lessee of the payment,etc.) property? If"Yes,"write the dates the lease is in effect. From To itiyAr t Attach a copy of the contract or lease. Part 2: Identify any previous exemptions or applications (Providing this information will expedite processing.) 9 X Yes _ No Does the applicant have an Illinois sales tax exemption number? If"Yes,"write the exemption number. i^f v I 10 _ Yes _ No Has a previous application been filed for this property or by this applicant?If"Yes,"write the Illinois Department of Revenue docket number, if known. Part 3: Identify the property's use 11 Identify the Illinoi Co .' -. �-s citation for this application. 35 ILCS 200/ if/ I✓C L Or _ILCS_/ 1 _ Yes l income . -rived from this property? If"Yes,"explain in detail. na 'IIAU*WalaOM • iaT w 13 Yes _ No Does a unit of local government own this property? If"Yes,"is the property located within its corporate boundaries? _Yes _No 14 Yes _X No If granting this application will reduce the property's assessed valuation by$100,000 or more, has the municipality, tof he notices school district,and community college district in which the property is located been notified that this application has and postal been filed. return receipts. 15 Describe the specific activities that take place on this property.Write the exact date each activity began and how frequently it takes place.A. 16 Yes-s No Did the activities described on Line 15 begin on the same date as the effective date of the lease on Line 5 or the date of ownership on Line 8,whichever is applicable?if'No,"explain in detail how the property was used between the lease or ownership date and the date these activities began. 17 Identify each building's use, square feet of ground area(SFGA), number of stories, and whether or not there is a basement Use SFGA No.of stories Basement?(Y/N) Building 1 4 Building 2 Building 3 This form is authorized as oWined bi'the Illinois compiled Statutes,35 ILCS 200/15-5.76-70,and 16-730.DisGOSUre PTAX-300 front(R-3/03) ! of this information is REQUIRED.This torn,has been approved by Me Forms Management Center. IL-492.1157 � Part 4: Attach documentation The following documents must be attached: • Proof of ownership (copy of the deed,contract for deed,title insurance policy,condemnation order and proof of payment. etc.) • Picture of the property • Notarized affidavit of use •Copies of any contracts or leases on the property The documents identified on Lines 18 through 23 may be attached to expedite processing.Mark an"X"next to any documents that are attached. 18 Audited financial statements for the most recent year 21 X Plot plan of each building's location on the property with each 19 Copy of the applicant's bylaws and complete certified building and land area labeled with parcel identifying numbers recorded copy of Articles of Incorporation, including purpose and specific uses clause and all amendments 22 Copy of any Illinois Department of Revenue Exemption 20_Copy of the notices to the municipality, school district, and Certificate community college district in which the property is located 23 Other(list) and postal return receipts if granting this application will reduce the property's assessed valuation by$100,000 or more Part 5: Identify the person to contact regarding this application 24 Tt' P' rt\AA . 1 25 L%; R3t L' F I'✓t (; 7 i. U& Name of applicant's representative Owner's name(if the applicant is not the owner) Mailing address(include rural route or P.O.box,if applicable) Mailing address(include rural route or P.O.box,if applicable) City State ZIP City State ZIP ( -Q`77 ) H —`l/P:.:: ( ,? ) `;(? C _Li Phone number Phone number Part 6: Signature and notarization State of Illinois - SS. County of L L t— ice- I, !L R i"- i A 1-j r r}y,J i f.i I apJ L, AT i N :tut. 'Ai.,being duly sworn upon oath,say that I have read (Name) (Position) the foregoing applicatio i and th- at of e information is true and correct to the best of my knowledge and belief. Off CV/SEN. (AffianVs signatur- Larne Subscribed and sworn to before rr}g this `fib day of Clrwu , 20 /,/ (Notary Pu ) C Part 7: County Board of Review statement of facts 26 Current assessment $ For assessment year 20- 27_Yes No Is this exemption application for a leasehold interest assessed to the applicant? If"Yes,"write the Illinois Department of Revenue docket number for the exempt fee interest to the owner, if known. —_—_————28 State all of the facts considered by the County Board of Review in recommending approval or denial of this exemption application. 29 County Board of Review recommendation — Full year exemption Partial year exemption From To — Partial exemption for the following described portion of the property: —Deny exemption 30 Date of Board's action Part 8: County Board of Review certification I hereby certify this to be a correct statement of all facts arising in connection with proceedings on this exemption application. Mail to: OFFICE OF LOCAL GOVERNMENT SERVICES EXEMPTION SECTION (3-520) Clerk(or Secretary in Cook County)of the County Board of Review's signature IL I OI STDE DEPARTMENT T S REVENUE 101 STREET PTAX-300 back(R-3/03) SPRINGFIELD IL 62702 Re t r 44 ir ,. Village of c%forton Grove Office of the Corporation Counsel r Telephone 847/663-3003 Fax 847/965-4162 February 25, 2011 Cook County Board of Review 118 N. Clark Street, Room 601 Chicago, Illinois 60602 Illinois Department of Revenue Office of Local Government Service Exemption Section 3-520 101 W. Jefferson Street Springfield, Illinois 62702 RE: Application by the Village of Morton Grove, Illinois For Non-homestead Property Tax Exemption PIN No: 10-20-121-045-1091 Commonly know as: 8440 Callie, Morton Grove, IL 60053 AFFIDAVIT OF USE State of Illinois ) ) SS County of Cook ) Teresa Hoffman Liston being duly disposed and sworn on oath and states as follows: 1. I am the Corporation Counsel for the Village of Morton Grove, Illinois, and I have investigated the facts surrounding the above referenced application and am knowledgeable of the following information. 2. The Village of Morton Grove is seeking to exempt that property identified as PIN No: 10-20-121-045-1091. This property has been identified by the Cook County Assessor as 8440 Callie, Morton Grove, Illinois and is legally described as follows: Part of the West Half of the Northwest Quarter of Section 20, Township 41 North, Range 13 East of the Third Principal Meridian, in the Village of Morton Grove, Cook County, Illinois, Described as Follows: Commencing at the Northeast Corner of the Northwest Quarter of the Southwest Quarter of said Section 20; Thence South 00' 11' 31" East along the East line of the West Half of said Southwest Quarter, 493.66 Feet to the South line of the North Half of the South Half of the North Half of the North Half of said Southwest Quarter; Thence South 88' 48' 59" West along said South line, 539.37 Feet to Richard '1 . Flickinger Municipal Center 6 101 Capulina Avenue • Morton Grove_ Illinois 60053-2985 ge Tel: (8471 965-4100 Fax: (847) 965-4162 the Easterly line of Chicago —Milwaukee— St. Paul &Pacific Company Railroad; Thence North 22' 20' 02" West along said Easterly line, 1618.82 Feet to the Southerly Right of Way of Lincoln Avenue for the Point of Beginning; Thence South 66' 07' 45" East along said Southerly line, 114.62 Feet; Thence South 69' 17" 16"East along said Southerly line, 81.98 Feet; Thence South 60' 06' 25" West, 60.29 Feet; Thence South 67' 39' 58" West, 79.48 Feet to said Easterly line; Thence North 22' 20' 02" West along said Easterly line, 146.63 Feet to the Point of Beginning. Containing 0.236 Acres, More or Less. 3. On or about December 28, 2009, the Village of Morton Grove acquired that property commonly known as 8440 Callie, Morton Grove, Illinois. Said property is vacant and located in the Village Lehigh/Ferris TIF District and was purchased and is held for a future undetermined public use. Further affiant sayeth not. ; i Teresa Hoffman Liston Corporation Counsel Village of Morton Grove CRICK NAL 6101 Capulina SUSANLA11/00 VOTARYIVIUC-Mai()itt11104 Morton Grove, IL 60053 wCC1iN110401.0i—M4 n3 Subscribed and sworn before me this 9t/i day of !,1f/'/Y?O// /i J ,a My Commission expires: 2,02/14 20/-3 M:\legal\Real Estate\Ad30 Callie,Woodlands Triangle.Affidavit of Use,2-1 l.doc T Late of his ;aunty of Cook ss -O THE COOK COUNTY BOARD OF REVIEW THE UNDERSIGNED AFFIANT HEREBY CERTIFIES THAT PROPERTY IDENTIFIED ON THE LATEST SEAL ESTATE TAX BILL BY PERMANENT-REAL ESTATE INDEX NUMBER /O-2© -/Z/ - 0515--/O 9! f OWNSHIP )11/L L €S VOLUME /1-7--- (A)aFULL S NOW ENTITLED TO (B) ❑ PARTIAL.EXEMPTION(SEE NOTE A&B BELOW) FROM GENERAL REAL :STATE TAXES:ACCORDING TO 35 ILCS 2001 5735- THAT SAID PROPERTY IS OWNED AND JSED BY THE PETITIONER EXCLUSIVELY FOR ITS PUBLIC GOVERNMENTAL PURPOSES: HAT SAID PROPERTY WAS ACQUIRED BY THE PETITIONER IN THE FOLLOWING MANNER: 1) BY'DEED DATED la-xg- o200 ,_RECORDED ON o 3 - JIB -20 I/ AS DOCUMEIWT NUMBER 1/037 3/0347 , COPY OF DEED TO BE SUBMI t t EU ;2) BY CONDEMNATION CASE NUMBER FILED ON AND AWARD`DEPOSItti ON PART OF THE EST HALF OF THE lg(IIIEST 1/I OF SECTION 20 TOiSI4IP 41 NORTH, 13) OTHERWISE RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN Ili NILES TOWNSHIP, COOK COREY OTHERWISE�F ILLINOIS, DESCRIBED AS FOLLOWS DESCRIBED DEEMING AT THEN T1$AT CORER OF THE 110RT14E5T 1/4 OF INC SOUTHWEST 1/4 OF AND E'T{pC(J AS SAID S€CTION 20: THEME SCUM 00 DEC#ES 11 NINTIES 31 SECONDS EAST MEG INC EAST LIE OF TIE ET HALF OF SAID SOUTHWEST 1/4. 493-66 FEET TO INC 500TH.LINE OF gamer THE ant ENS OF THE SOUTH HALF OF INC N$TH HAIF OF THE NORTH HALF OF SAID 1/4: THENCE mum as DEGREES L6 NINRE5 59 SECONDS am ALONG SAID SIAIM LINE. 53.37 FEET TO TIE EASTERLY LIE OF CHICAGO-NILMOKFE.ST. PAIL& -; PACIFIC COMPANY RAILROAD: THENCE NORTH 22 DEGREES 20 MINUTES 02 SECES EST ALONG SAID EASTERLY LINE. 1618.82 FEET 19 THE SOUTHERLY RIGHT OF NAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING. THENCE SOUTH 66 EGIEES 07 MINUTES 45 SECONDS EAST ALOE SAID SOUTHERLY LIE, 714.62 FEET. THENCE SOUTH 69 DEGREES 17 NINRE5 16 SECONDS EAST ALONG SAID SOUTHERLY LITE. 81.98 PEST. TIME SOUTH 60 DEGREES 06 UNITES 25 SECONDS HEST. 60.29 FEET: THENCE SEER 67 DEGREE 39 MINUTES 58 SSECONDS ET. 79.48 FEET TO SAID EASTERLY LIE: THENCE NORTH 22 DFF57iF1 20 SECONDS COT ALONG SAID EASTERLY LINE. 746 FEET OSLO P01Y OF PI TES 0 ALL IN TEST LONG S, ILLINOIS 1::› NAME AND ADDRESS OF OWNER OF REMAINDER Subscdhed and sworn to before me Phi r LONER V11.4.-PrG E Xi D t2rc�r� C to Lie BY j (OWNER) this 4� day o( 7_-'-`__ AUTHORIZED AGENT 4 yt Res". t+o F Ma-.Is t 20 /i ADDRESS co I O t e A P u t_ r )A 44 .1111 l/7/44; �". T. - oc , PHONE e11 / 9 (0S - Lllce NOTE: A. FULL TAKING Mersa of the property covered in the latest real estate tax bill was taken for public government purposes,eltitOS .a ' t B. PARTIAL TAKING Where only a part of the property covered in the latest real estate tax bill was taken for public governm purposes,the following must be attached to this petition; 1. A Plot of Survey showing all dimensions and the location and ownership of any buildings thereon: 2, the legal dons of the part taken and the part remaining in private ownership, FY 5 i Property Address: Doc#: 1108731036 Fee:$44.00 6301 Lincoln Avenue Eugene'Gene'Moore RHSP Fee:$10.00 Morton Grove,IL Cook County Recorder of Deeds Date:D3/2812011 11:41 AM Pg: 1 of 6 TRUSTEE'S DEED (Indi ividual) 'This Indenture, made this 8th day of September, 2005,between Parkway Bank and Trust Company.an Illinois Banking Corporation,as Trustee under the provisions of a deed or deeds in trust,duly recorded and delivered to said corporation in pursuance of a trust agreement j,; dated September 12,2003 and known as Trust Number 13636,as party of the first part, and THE VILLAGE OF MORTON GROVE, a Illinois Municipal Corporation,as party of the -±$1.*second part. \VITNESSETH,that said party of the first part,in consideration of the sum of Ten Dollars t. j($10.00) and other good and valuable consideration in hand paid,does hereby grant convey and quit claim unto the said party of the second part all interest in the following described 1,1 real estate situated in Cook County, Illinois.to wit: THE CI&l ATt'RES OC THE FA;TIES EXECUTlaG THIS See Exhibit A for Legal Description and PIN ARE COPIES AND ARE NOT DHl(ilihl SIGNATURES. ;r^ I ;?: together with the tenements and appurtenances thereunto belonging. This deed is executed pursuant to the power granted by the terms of the deed(s)in trust and the trust agreement and is subject to liens. notices and encumbrances of record and additional conditions.if any on the reverse side. _ _ _r_r:cs: ,IT,r s.—a::,,-r t.asn=Mortcu:GROVE.r..:e.--.:.r-:1%US--_r STM:r DATED: 8th day of September.2005. — Parklcav Bank and Trust Company, 'as Trust Number 13636 ;F�-'^�-a�p, I R T[..a.• Tom_ Attest: - i .Mane Y. P� e�s/a/1 nsla� Jo Ann kubinsltii 7't'o � t'/ Vice Pamir/int t&Trust Officer Assistant Trust Officer `b` •'t" • ti _-mp: under provir,ions or Paragraph fi Section 4. - ss — 4 l J I STATE OF ILLINOIS ) 1 SS. i COUNTY OF COOK ) I.the undersigned.a Notary Public in and for said County.in the State aforesaid.DO HEREBY I CERTIFY TWAT Diane Y. Peszvnski.Vice President&Trust Officer and Jo Ann Kubinski. Assistant Trust Officer personally known to me to be the same persons whose names are subscribed to the foregoing instrument in the capacities shown.appeared before me this day in person.and acknowledged signing. sealing and delivering the said instrument as their free and voluntary act.for the uses and purposes therein i set forth. IGiven under my hand and notary seal.this 8th day of September 2005. 1 �. 4 11 \L,J_t _ "n ,-r.-r!'1.Q1 S4L t' Notary Public '_iic.A Ki?:'e Mye idf1 EX? 'e, '.:icy � This instrument was prepared by:Jo Ann Kubinski 4800 N.Harlem Avenue Harwood Heights. Illinois 60706 MAIL TO: THE VILLAGE OF MORTON GROVE 6301 Lincoln Avenue Morton Grove.IL Address of Property 1 6301 Lincoln Avenue Morton Grove.IL I 1 E\r118IT-A° • PART OF THE WEST HALF OF THE NORTHWEST 114 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP. COOK COUNTY, ILLINOIS. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE • OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD: THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.62 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING: THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET: THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 61.98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 145.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. • PIN r:HI-2_U-I21-045.1091 • CHICAGO TITLE AND TRUST COMPANY 85 W. ALGONQUIN RD. SUITE 400 ARLINGTON HEIGHTS, IL 60005 ESCROW TRUST DISBURSEMENT STATEMENT DISBURSEMENT DATE: December 28, 2009 REFER TO: KRISTI L. JACOBSEN PHONE: (847)758-4737 FAX: (847) 758-2207 ESCROW TRUST NO. NSCO25092838-001 PARTIES: JOHN BICKLEY TITLE ORDER NO. 01409-008283081 TERRI LISTON RECEIPTS: 12/28/09 MB FINANCIAL --CASH TO CLOSE 250, 000. 00 $ 250, 000 .00 DISBURSEMENTS: 01) PRORATIONS/CREDITS - Seller TAX PRORATION(1) 11,815.68- TOTAL PRORATIONS 11,815.68- PURCHASE PRICE 250,000. 00 ADJUSTED PURCHASE PRICE $238, 184 .32 $238, 184 .32 02) CHICAGO TITLE AND TRUST COMPANY - Seller' s Charges Re: Title Order No. 01409-008283081 ESCROW FEE 200. 00 NY CLOSING FEE 150.00 TITLE INSURANCE 400. 00 COMMITMENT UPDATE FEE 100. 00 RECORDING RELEASE 100. 00 OTHER RECORDINGS 180. 00 $1, 130. 00 $1, 130.00 03) THE WOODLANDS OF MORTON GROVE LLC NET PROCEEDS TO SELLER $237,054.32 04) PROBATIONS/CREDITS - Buyer TAX PRORATION(1) 11, 815. 68 TOTAL PRORATIONS 11, 815. 68 PURCHASE PRICE 250, 000. 00 ADJUSTED PURCHASE PRICE $238, 184.32 $238, 184 .32 05) CHICAGO TITLE AND TRUST COMPANY - Buyer' s Charges Re: Title Order No. 01409-008283081 ESCROW FEE 200. 00 NY CLOSING FEE 150.00 RECORDING DEED 50.00 $400. 00 $400. 00 KJ1 12/28/09 14 :34 NOTE: * - Items were Paid Outside of Closing. ESCROW TRUST NO. NSCO25092838-001 PAGE NO. 2 06) THE VILLAGE OF MORTON GROVE TOTAL DISBURSEMENT AMOUNT $238, 584 .32 TOTAL BUYER RECEIPTS $250,000.00 OVERDEPOSIT TO BUYER $11,415 .68 ( DISBURSEMENTS APPROVED: \_\\ 1 // DA 2 cc, A f ` 1 FOR S:LLER FOR B E DATE 1 a 06ct fisi &o. DATE OR U pI •dpi ITLE • RU T KJ1 12/28/09 14 : 34 NOTE: * - Items were Paid Outside of Closing. • CHICAGO '1'TILE INSURANCE COMPANY OWNER'S POLICY (2006) SCHEDULE A POLICY NUMBER 1409-008283081-SK DATE OF POLICY: PRO FORMA POLICY AMOUNT OF INSURANCE: $250,000.00 1. NAME OF INSURED: THE VILLAGE OF MORTON GROVE, AN ILLINOIS MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST IN THE LAND THAT IS INSURED BY THIS POLICY IS: FEE SIMPLE,UNLESS OTHERWISE NOTED. 3. TITLE IS VESTED IN: THE INSURED 4. THE LAND HEREIN DESCRIBED IS ENCUMBERED BY THE FOLLOWING MORTGAGE OR TRUST DEED AND ASSIGNMENTS: NONE THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED O?AlO6 6:07DGG KJ1 12/28/09 13 :42 :00 CHICAGO TITLE INSURANCE COMPANY OWNER'S POLICY (2006) SCHEDULE A(CONTINUED) POLICY NUMBER 1409-008283081-5K 5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493 . 66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114 . 62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81. 98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.63 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 0ru-,0012706D00 KJ1 12/28/09 13 :42 :01 • CHICAGO TITLE INSURANCE COMPANY • OWNER'S POLICY (2006) SCHEDULE B POLICY NUMBER 1409-008283081-SK EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE,THE COMPANY WILL NOT PAY COSTS,ATTORNEY'S FEES OR EXPENSES THAT ARISE BY REASON OF: GENERAL EXCEPTIONS: (1) RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY PUBLIC RECORDS. (2) ANY ENCROACHMENT,ENCUMBRANCE,VIOLATION,VARIATION,OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. (3) EASEMENTS.OR CLAIMS OF EASEMENTS, NOT SHOWN BY PUBLIC RECORDS. (4) ANY LIEN,OR RIGHT TO A LIEN,FOR SERVICES,LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED,IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. (5) TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. X 6. 1. TAXES FOR THE YEAR(S) 2009 2009 TAXES ARE NOT YET DUE OR PAYABLE. 1A. NOTE: 2008 FIRST INSTALLMENT WAS DUE MARCH 03, 2009 NOTE: 2008 FINAL INSTALLMENT WAS DUE DECEMBER 01, 2009 PERM TAX# PCL YEAR 1ST INST STAT 2ND INST STAT 10-20-121-045-1091 1 OF 1 2008 NOT BILLED $7, 941.22 PAID * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X ii u:C,S\ EN FOR CONDOMINIUM ASSESSMENT LIEN IN FAVOR OF WOODLANDS OF MORTON GROVE �) CONDOMINIUM ASSOCIATION AGAINST WOODLANDS OF MORTON GROVE RECORDED JURY 14, 2008 AS DOCUMENT NUMBER 0819634116 IN THE AMOUNT OF $180,858.46. 8. .,U �18y • ' ANY CONVEYANCE OR MORTGAGE OF THE LAND, A STATEMENT FROM EITHER THE �' 's -t L4PER OR THE ASSOCIATION CREATED UNDER THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS RECORDED JUNE 19, 2000 AS DOCUMENT 00451022 THAT THERE ARE NO UNPAID ASSESSMENT LIENS ARISING BY REASON OF THE NONPAYMENT OF ASSESSMENTS SHOULD BE FURNISHED. NOTE: THE STATEMENT SHOULD COVER THE RECORDING DATE OF THE MORTGAGE OR, IF TITLE IS TO BE CONVEYED, THE RECORDING DATE OF THE DEED, WHICHEVER DATE IS LATER. ''Six (TO BE WAIVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) 9. AND TRAILER EASEMENT, FENCE EASEMENTS, GENERAL UTILITY EASEMENTS, DRAINAGE . a\� NTS, SANITARY SEWER EASEMENTS AND PARKING AND ROADWAY EASEMENTS AS CREATED \�@ jj BY AMENDED AND RESTATED DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTION AS 01131 O I2/06DGC KJ1 12/28/09 13 :42 :02 CHICAGO 1'1'1'LE INSURANCE COMPANY OWNER'S POLICY (2006) SCHEDULE B POLICY NUMBER 1409-008283081-SK EXCEPTIONS FROM COVERAGE(CONTINUED) CREATED BY RECORDED AS DOCUMENT NUMBER 0020639236. (TO BE WAIVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) E 10. EASEMENTS FOR UTILITIES FOR THE BENEFIT OF COMMONWEALTH EDISON, AMERITECH TELEPHONE COMPANY, AMERICAN TELEPHONE AND TELEGRAPH COMPANY. THEIR SUCCESSORS AND OR ASSIGNS, AS CREATED BY PLAT OF EASEMENT RECORDED AS DOCUMENT NUMBER 0020510538. (AFFECTS THE WESTERLY 10 FEE OF THE LAND HEREIN) 11. D CLARATION OF EASEMENTS FROM AMERICAN NATIONAL BANK & TRUST COMPANY OF N\e/\\,. C ICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 20, 1988 AND KNOWN AS T ST NUMBER 104455-00 TO NORTHERN TRUST BANK/LAKE FOREST, AS TRUSTEE UNDER T AGREEMENT DATED JANUARY 24, 1992 AND KNOWN AS TRUST NUMBER 9051 DATED `�1 JAN 31, 1992 AND RECORD JANUARY 31, 1992 AS DOCUMENT 92065892, CREATING: ( (A) AN EASEMENT FOR ACCESS AND INGRESS AND EGRESS FOR THE PARTY OF THE SECOND \vA_"1 PART FOR ACCESS TO THE WAREHOUSE AND EXISTING EXIT DOORS OF THE WAREHOUSE LOCATED ON THE LAND OWNED BY SAID PARTY. (B) AN EASEMENT FOR ACCESS TO THE SUBSURFACE UTILITIES LOCATED ON THE LAND, SERVING THE ADJOINING PROPERTY; TOGETHER WITH THE TERMS AND CONDITIONS CONTAINED IN SAID INSTRUMENT (TO BE WIAVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) G 12 . NOTE: THE FOLLOWING ITEM, WHILE APPEARING ON THIS COMMITMENT/POLICY, IS PROVIDED SOLELY FOR YOUR INFORMATION. THE FOLLOWING ENVIRONMENTAL DISCLOSURE DOCUMENT(S) FOR TRANSFER OF REAL PROPERTY APPEAR OF RECORD WHICH INCLUDE A DESCRIPTION OF THE LAND INSURED OR A PART THEREOF: DOCUMENT NUMBER: 93574914 DATE OF RECORDING: JULY 23, 1993 H 13 . TE S, PROVISIONS, COVENANTS, CONDITIONS AND OPTIONS CONTAINED IN AND RIGHTS cm SEMENTS ESTABLISHED BY THE DECLARATION OF COVENANTS, CONDITIONS, J ST CTIONS AND EASEMENTS DATED JUNE 15, 2000 RECORDED JUNE 19, 2000 AS v.` DOCUMENT NO. 00451022, MADE BY AHW ENTERPRISES, INC. RELATING TO RESTRICTIONS ON USE, LANDSCAPING, IMPROVEMENTS, UTILITIES AND SIGNAGE, MAINTENANCE v OBLIGATIONS, ASSESSMENTS, EASEMENTS, EXPANSION RIGHTS. (TO BE WAIVED UPON CONVEYANCE TO THE VILLAGE OF MORTON GROVE) Z 14 . TERMS, PROVISIONS CONTAINED IN THE REDEVELOPMENT AGREEMENT WITH ELLIOTT HOMEBUILDERS INCORPORATED FOR THE FERRIS AVENUE LEHIGH AVENUE TAX INCREMENT FINANCING DISTRICT AS DISCLOSED BY ORDINANCE NO. 00-13 . \\..15. (A) TERMS, PROVISIONS, COVENANTS, CONDITIONS AND OPTIONS CONTAINED IN AND RIGHTS AND EASEMENTS ESTABLISHED BY THE DECLARATION OF CONDOMINIUM OWNERSHIP -RNI• �'ED JUNE 7, 2002 AS DOCUMENT NO. 00451023 AND AMENDED AND RESTATED BY r T NUMBER 0020639239 AND SECOND AMENDED AND RESTATED DECLARATION ECORDED MAY 11, 2005 AS DOCUMENT 0513145153, AS AMENDED FROM TIME TO TIME; A AND (B) LIMITATIONS AND CONDITIONS IMPOSED BY THE CONDOMINIUM PROPERTY ACT. (TO BE WAIVED UPON A CONVEYANCE TO THE VILLAGE OF MORTON GROVE) • OPBICO6 12/06000 KJ1 12/28/09 13 :42 :02 CHICAGO TrILE INSURANCE COMPANY POLICY SIGNATURE PAGE POLICY NUMBER 1409-008283M1-8K THIS POLICY SHALL NOT BE VALID OR BINDING UNTIL SIGNED BY AN AUTHORIZED SIGNATORY. CHICAGO'I'I'1LE INSURANCE COMPANY BY AUTHORIZED SIGNATORY POISIG06 4/OR DGG KJ 1 12/28/09 13 :42:02 ENDORSEMENT ATTACHED TO AND FORMING A PART OF POLICY NUMBER: 1409 -008283081 - SK ISSUED BY CHICAGO TITLE INSURANCE COMPANY POLICY MODIFICATION ENDORSEMENT 4 GENERAL EXCEPTION NUMBERS 1, 2, 3, 4 AND 5 OF SCHEDULE B OF THIS POLICY ARE HEREBY DELETED. - -- - THIS ENDORSEMENT IS MADE A PART OF THE POLICY AND IS SUBJECT TO ALL OF THE TERMS AND PROVISIONS THEREOF AND OF ANY PRIOR ENDORSEMENTS THERETO. EXCEPT TO THE EXTENT EXPRESSLY STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND PROVISIONS OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT INCREASE THE FACE AMOUNT THEREOF. ENDIPG KJ1 Cook County Treasurer's Office l Property Tax &Payment Information Page 1 of 1 • Pees Office of Cook County Treasurer-Maria Pappas Click c Cook County Property Tax&Payment Information icon to ' $ send Printed copies of this information may not be used as a tax bill. page to -4.i e o Payments must be submitted with original tax bill. printer Property Index Number(PIN): 10-20-121-045-1091 2010 Tax Year Information -Payable in 2011 Tax Year 2010 Tax Type: Current Tax Volume: 117 PCL: 2-99 Property Location 8440 CALLIE AVE MORTON GROVE,IL 60053-5011 Mailing Information TAX PAYER OF 6271 LINCOLN AVE MORTON GROVE,IL 60053-2850 - Exemption Information Exemptions do not become effective until the second installment. Tax Payment Information Installment Tax Amount Billed Tax Due Date Last Payment Date Received Received 1st $1.408.17 04/01/2011 $1.408.17 03/31/11 Balance Due: $0.00 The balance due.including any penally,is as of: 4/6/2011 Payments processed are pasted terougn:d/5/2011 2009 Tax Year Information -Payable in 2010 Tax Year: 2009 Tax Type: Current Tax Volume: 117 PCL: 2-99 Property Location 8440 CALLIE AVE MORTON GROVE,IL 60053-5011 Mailing Information TAX PAYER OF 6271 LINCOLN AVE MORTON GROVE,IL 60053-2850 Exemption Information Homeowner Exemption Received: NO Senior Citizen Exemption Received: NO Senior Freeze Exemption Received: NO Tax Payment Information Installment Tax Amount Billed Tax Due Date Last Payment Date Received Received 1st $2,560.31 03/02/2010 $2,560.31 02/03/11 2nd $0.00 12/13/2010 $0.00 Balance Due: $0.00 The balance due,including any penalty.is as of:4/52011 Payments processed are posted througte 4/3/2041 Printed copies of this information may not be used as a tax bill. 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' 5 ..... x 1� L 4;C . 1.� .y@ vJ ! • 1J �f �. ...`t id I •S l..'I.e. .'. ` >o �. i :fit}' ty s .1.31. f +Y _ ! Ye--4,'; • Y� 1 PLAT OF SURVEY THE WOODLANDS OF MORTON GROVE PARCEL T WOODLANDS TRIANGLE _ __-sl na k iii ` P.. `= :=ate,^mw .� _, k ■ o Scale I' = 50 sane / (Knoq.gam./ J. MIMIC O wrauz LAM IM a Rm in.at + Mae RESCOMAL WPM LIMP PARCEL PRINCIALY sans ■ 1 yaks,LRAM cai . ./ RERDENRAL M MUS: Pates; / PAMMX19.1 SUMMED/ PARCEL 0 [REa'AC'paµawm[) Tp' \ / sno'EHTAL PARCEL \ (m,av y9"nm, PESOCH11AL PUC£L cLn2t/ / Ti Prams I"awa,ors) \ ,pen, TrtO t1/ £ I.w+a+arnl eum/ 2 fiC / F I g9EGyns PAREn (muav wecnm) • \ R I P a I � ,. m 1 PARCEL le w I,\(P2M.lav 9MIP. 1 irt \ ? _ isi py v5 a 8PW¢1 MEMENTO/PAi¢l \ IPlEtoal aa.nmt T< T_ aan=ml ,Say.= At @A E - `t 'II \ P \ PF➢OESPAL PARO. S ' .aO��, t 4 I s � _ Wooaands.A,. "fOC«,i'+ I I “3, 7 ,. - 444, % i \ 01 y PARCEL T \� Irt nr PMAILI " n WOODLANDS TRIANGLE a 3� n 8. J _�° I ' 4° 1 h pvpmj im Mpm.r vn.p. r �/� tet I �� � s !7 v�i=-•tr 9!EcE Cl ILLINOIS DEPARTMENT OF REVENUE OFFICE OF LOCAL GOVERNMENT SERVICES, 3-520 101 W. JEFFERSON STREET SPRINGFIELD, IL 62702 ACTION-DATE: 07-29-2011 DOCKET NUMBER: 10-016-00431 TERESA HOFFMAN LISTON 6101 CAPULINA MORTON GROVE IL 60053 ------------------------- /6 Illinois Department of Revenue z; Office of Local Government Services, 3-520 ' t 101 West Jefferson Street " -3-if"— Springfield, Illinois 62702 Illinois Department of Revenue '`°z�•s'� docket no.: 10- 16- 431 Telephone: 217 785-2252 County reference no.: 97354 Non-homestead Property Tax Exemption Certificate (35 ILCS 200/8-35, 16-70, and 16-130) Property owner or applicant: VILLAGE OF MORTON GROVE County: Cook Property index number, legal description, or both: 10-20-121-045-1091 Based on the statement of facts and supporting documentation in the application, we hereby issue this certificate approving the exemption for 100% of the 2010 assessment year. For most exemptions, 35 ILCS 200/15-10 requires the filing of an annual affidavit or certificate of exempt status form with the chief county assessment officer on or before January 31 of each year. This form is available at the county assessment office. The Illinois Department of Revenue docket number shown above is your exemption certificate number. Refer to this number on the annual certificate of status form and in all future correspondence regarding this property. If you do not agree with this decision, you must send us a written request for a formal hearing within 60 days after the decision date show below. In your request, concisely state the mistakes alleged to have been made or the new evidence to be presented as required by 35 ILCS 200/8-35. Decision date: August 4, 2011 Illinois Department of Revenue Brian Hamer, director r This is an important legal document and should be retained as part of your permanent records. PTAX-301-C (R-7/02) IL-492-1158 10-0000163 K of to Village of eViorton grove April 22, 2011 Tracy Callaghan Cook County Board of Review 118 N. Clark Street, Room 601 Chicago, IL 60602 RE: Application by the Village of Morton Grove, Illinois For Non-homestead Property Tax Exemption PIN No: 10-20-121-045-1091 Commonly know as: 8440 Callie, Morton Grove, IL 60053 Dear Ms. Callaghan: Per your discussion with Corporation Counsel Teresa Hoffman Liston, please find the attached Supplemental Affidavit of Use for the property commonly know as 8440 Callie, Morton Grove, Illinois. Should you have any further questions, please do not hesitate to contact Ms. Liston at 847/663- 3003. Thank you. Sincerely, Marlene Kramaric Executive Secretary imk M:`legal\Real Estate\8440 Callie,Woodlands Triangle,cover letter to Callaghan.4-I l.doc Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove. Illinois 60053-2985 nit Tel: (847) 965-4100 Fax: (847) 965-4162 r i A 4 Village of c�VIorton grove Office of the Corporation Counsel Telephone 847/663-3003 Fax 847/965-4162 April 22, 2011 Cook County Board of Review 118 N. Clark Street, Room 601 Chicago, Illinois 60602 Illinois Depatlrnent of Revenue Office of Local Government Service Exemption Section 3-520 101 W. Jefferson Street Springfield, Illinois 62702 RE: Application by the Village of Morton Grove, Illinois For Non-homestead Property Tax Exemption PIN No: 10-20-121-045-1091 Commonly know as: 8440 Callie, Morton Grove, IL 60053 SUPPLEMENTAL AFFIDAVIT OF USE State of Illinois ) ) SS County of Cook ) Teresa Hoffman Liston being duly disposed and sworn on oath and states as follows: 1. I am the Corporation Counsel for the Village of Morton Grove, Illinois, and I have investigated the facts surrounding the above referenced application and am knowledgeable of the following information. 2. The Village of Morton Grove is seeking to exempt that property identified as PIN No: 10-20-121-045-1091. This property has been identified by the Cook County Assessor as 8440 Callie, Morton Grove, Illinois and is legally described as follows: Part of the West Half of the Northwest Quarter of Section 20, Township 41 North, Range 13 East of the Third Principal Meridian, in the Village of Morton Grove, Cook County, Illinois, Described as Follows: Commencing at the Northeast Corner of the Northwest Quarter of the Southwest Quarter of said Section 20; Thence South 00' 11' 31" East along the East line of the West Half of said Southwest Quarter, 493.66 Feet to the South line of the North Half of the South Half of the North Half of the North Half of said Southwest Quarter; Thence South 88' 48' 59" West along said South line, 539.37 Feet to the Easterly line of Chicago —Milwaukee—St. Paul & Pacific Company Railroad; Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 r Tel: (847) 965-4100 Fax: (847) 965-4162 Tr4F R,;lei rapc- Thence North 22' 20' 02" West along said Easterly line, 1618.82 Feet to the Southerly Right of Way of Lincoln Avenue for the Point of Beginning; Thence South 66' 07' 45" East along said Southerly line, 114.62 Feet; Thence South 69' 17" 16"East along said Southerly line, 81.98 Feet; Thence South 60' 06' 25" West, 60.29 Feet; Thence South 67' 39' 58" West, 79.48 Feet to said Easterly line; Thence North 22' 20' 02" West along said Easterly line, 146.63 Feet to the Point of Beginning. Containing 0.236 Acres, More or Less. 3. On or about December 28, 2009, the Village of Morton Grove acquired that property commonly known as 8440 Callie, Morton Grove, Illinois. Said property is vacant and located in the Village Lehigh/Ferris TIF District and was purchased and is held for a future undetermined public use; i.e. to realign Lincoln Avenue at the Metra crossing to make the crossing safer. 4. The Trustees Deed for the Village's acquisition of the property is dated September 8, 2005; however, the closing of this transaction (i.e., the date the Village actually purchased the property) was December 28, 2009. The discrepancy between the date of the Deed and the date of the closing is because the Village was originally under contract to purchase the property in 2005. The contract allowed the Village to terminate its obligation to purchase the property in the event of certain conditions which occurred. On or about October 12, 2009, the Corporate Authorities approved Resolution 09-55 which authorized the purchase of the property under new terms. A copy of that resolution is attached hereto as exhibit "A". In order to complete the closing, the seller was required to obtain an exempt transfer stamp from the Village of Morton Grove. That transfer stamp is affixed to the Deed and is dated December 18, 2009. The seller also was required to obtain either a transfer stamp or an exemption from the State of Illinois Real Estate Transfer Tax Act. The Deed indicates that the exemption certification was signed on December 28, 2009. Also attached as exhibit `B"is a copy of the Chicago Title and Trust Company Escrow Trust Disbursement Statement which shows all of the charges and credits relating to this transaction, and confirms that the closing took place on December 28, 2009. Further affiant sayeth not. / Teresa Hoff man Liston Corporation/Counsel Village of Morton Grove 6101 Capulina Morton Grove, IL 60053 Subscribed and sworn before me this [P,9 ,day of (2)t��/.,% &91/ CfFICIAL Nit SIAM U s' % 'i Itt COMMON EXPIRES:0MM ,- Notary Pupiic ; My Commission expires: �/r'f%14 2(773 M.\Iegal\Real Estate\8430 Callie,Woodlands Triangle,Affidavit of Use,411.doc 17TH AMENDMENT TO THE SECOND AMENDED AND RESTATED DECLARATION OF CONDOMINIUM OWNERSHIP AND OF EASEMENTS, RESTRICTIONS, COVENANTS AND BY-LAWS FOR THE WOODLANDS OF MORTON GROVE CONDOMINIUM ASSOCIATION For Use By Recorder's Office Only The recording of this Amendment is authorized by Court Order of the Circuit Court of Cook County, County Department, Law Division pursuant to its ruling in the case Board of Directors for the Woodlands of Morton Grove Condominium Association and the Woodlands of Morton Grove Condominium Association v The Woodlands of Morton Grove LLC, an Illinois Limited Liability Company et al. No. 08 L 7850. RECITALS WHEREAS, the Woodlands of Morton Grove Condominium Association was established by the filing of a certain Declaration of Condominium Ownership for Lincoln Avenue Condominiums with Cook County Recorder of Deeds as document number 00451023 on June 19, 2000 and has been subject to various amendments from time to time which have added units in additional common elements to the Association, changed the Association's name to Woodlands of Morton Grove Condominium Association and distributed various storage units and parking spaces; and This document prepared by and after recording WHEREAS the legal to be returned to: description of the property encompassed by this Association is JOHN H. BICKLEY, Ill, ESQ. set forth in Exhibit "A" (Condominium Kovitz Shifrin Nesbit Parcel); and 750 Lake Cook Road, Suite 350 Buffalo Grove, IL 60089 —(847) 537-0500 WHEREAS in furtherance of litigation instituted by the Condominium Association against the Developer, Woodlands of Morton CW036.38010\716738.1 • Grove LLC, a settlement agreement was reached whereby one of the units in the Association, 'Woodlands Triangle", would be sold by its owner, Woodlands of Morton Grove LLC to the Village of Morton Grove to be used for transportation improvements; and WHEREAS the sale of the aforesaid unit was authorized by the Second Amended and Restated Declaration of Condominium Ownership and of Easements, Restrictions, Covenants and By-Laws for the Woodlands of Morton Grove Condominium Association recorded with the Cook County Recorder of Deeds as document number 0505434036 on February 23, 2005 wherein it provided: "As'part of, or in connection with, the 2003 PUD Amendment, the Village required the dedication and conveyance to the Village of the portion of the property legally described in Exhibit G attached hereto which constitute part of the Senior Living Parcel and is roughly triangular in shape (The 'Woodlands Triangle"), to be used for roadway purposes. Upon conveyance of the Woodlands Triangle to the Village, it will longer be considered part of the condominium parcel and shall no longer be subject to the act are governed by this Declaration in any way." The legal description of the'Woodlands Triangle" is attached hereto as Exhibit"B"; and WHEREAS, prior to the removal of the 'Woodlands Triangle" from the Association, the percentage of ownership interest in the common elements allocated to each unit was in the amount set forth in Exhibit"C'; and WHEREAS, The removal of the 'Woodlands Triangle" results in a revision of the percentage of ownership interest in the common elements assigned to the remaining units in the Association; and WHEREAS subsequent to the removal of the 'Woodlands Triangle" from the Association, the percentage of ownership interest in the common elements allocated to each unit is modified as reflected in Exhibit"D"; and WHEREAS subsequent to the removal of the 'Woodlands Triangle" from the Association, the Condominium Plat of Survey is modified to reflect the removal of the aforesaid unit as set forth in Exhibit"E"; and WHEREAS the Order of the Circuit Court of Cook County, County Department, Law Division authorizing the recordation of this Amendment pursuant to Section 27 (b) of the Illinois Condominium Property Act, 765 ILCS 605/27 (b) is attached as Exhibit"F". NOW THEREFORE, for the purposes set forth above, upon recordation of this Amendment the Second Amended and Restated Declaration of Condominium Ownership and of Easements, Restrictions, Covenants and By-Laws for the Woodlands of Morton Grove Condominium Association is hereby amended as follows: PRESIDENTS SIGNATURE PAGE STATE OF ILLINOIS ) ) SS COUNTY OF COOK I, Harvey Silverman, and the President of the Board of managers of the Woodlands of Morton Grove Condominium Association, an Illinois Condominium established by the efforts the Declaration, and by my signature below do hereby execute the foregoing Amendment to the Declaration pursuant to Section 17 of the Illinois Condominium Property Act la1a3)p/ EXECUTED this 214day°Vet. 2009 BY: President PRESIDENT'S SIGNATURE PAGE STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, Harvey Silverman, and the President of the Board of managers of the Woodlands of Morton Grove Condominium Association, an Illinois Condominium established by the efforts the Declaration, and by my signature below do hereby execute the foregoing Amendment to the Declaration pursuant to Section 17 of the Illinois Condominium Property Act Ia(a31o� EXECUTED this 13'4day oOtt 2009 BY:4� / � President WC. x C WOC 002 MO=,. 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Z$})} t g } g _ 7 }{ . ! & _; _ :,t 8 a { \/}-27{77 . . . i! §7§§§737 )2; . } \G\}} . • EXHIBIT'S' PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 2? DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PIN#:10.20-121-045-1091 EXHIBIT I/: 4.3 OWNERSHIP PERCENTAGES PRIOR TO SALE OF TRIANGLE PARCEL -used for 2009 budget _,, 1 C G-102 8440 0210240% C C-103 8440 1 0199340% • 1 C C-104 8440 1 0.200750% 1 C C-105 8440 1 0.248950% C C-1 08 8440 1 0.248950% • C C-107 8440 1 0.244570% C C-108 8440 1 0206590% C C-109 8440 1 0.214630% C C-110 8440 1 0.197100% C C-111 6440 1 0.299340% i C C-112 8440 1 0252800% C C-201 8440 1 0.192720% C C-202 8440 1 0.210970% C C-203 8440 1 0.215360% C C-204 8440 1 0201480% C C-205 8440 1 0.2496 80% C C-206 8440 1 0.249680% C C-207 8440 1 0.281810% C C-208 8440 1 0.207320% C C-209 8440 1 0.215380% C C-210 6440 1 0.197830% C C-211 8440 1 0.300070% C C-212 6440 1 0.253330% C C-301 8440 1 0.194180% C C-302 8440 1 0.211700% C C-303 8440 1 0.216820% - C C-304 8440 '1 0.202210% C C-305 8440 1 0250410% ; C C-306 8440 1 0.250410% 1 C C-307 8440 1 0.283270% C C-306 6440 1 0.208050% " - C C-309 8440 1 0.216090%. C C-310 8440 1 0.198560% C C-311 . 8440 1 0.300790% ' C C-312 8440 1 0.254060% C C-401 - 8440 1 0.194910% ' C C-402 8440 1 0.212440% 1 C C-403 8440 1 0.217560% C C-404 8440 1 0202940% C C-405 8440 1 0.251140% • C C-406 8440 1 0251140% C C-407 8440 1 0.284000% C C-408 8440 1 0208780% C C-4D9 8440 1 0.216820% C C-410 8440 1 0.199290% C C-411 8440 1 0.301520% 1. C C-412 8440 1 0.254790% • G C-501 844D 1 0.195640% C C-502 8440 1 0.213170% I /1 EXHIBIT • C C-503 8440 1 0218280% 3 C C-504 8440 1 0203670% i C C-505 8440 1 0.251870% C C-506 8440 1 0.251870% • C • C-507 8440 1 • 0.284730% C C-508 8440 1 0.209510% C C-509 8440 1 0.217550% C C-510 8440 1 0.200020% C C-511 8440 1 0.302250% 1 j C C-512 8440 1 0.255520% C • C-601 8440 1 0.198560% C C-602 8440 1 0.216090% C C-603 6440 1 0.221200% C C-604 8440 1 0.206590% 0,254790% C C-605 8440 1 C C-606 6440 1 0.254790% i C C-607 8440 1 0.287650% C C-608 8440 1 0.212440% C C-609 8440 1 0.220470% C C-610 8440 1 0.202940% C C-611 8440 1 0.305170% C C-612 8440 1 0.258440% • D D-101 8400 1 0.208053% D D-102 8400 1 0.215356% 13 D-103 8400 1 0.248948% D D- 104 8400 1 0.208593% D D-105 6400 1 0.197099% D D-106 MOO 1 0.214626% D D-107 8400 1 0.288383% D D-108 8400 1 0.194178% D D-109 8400 1 0.248948% D D-110 8400 1 0248948% . D D-111 8400 1 0.215358% D_ D-112 8400 1 0.214626% D D-114 8400 1 0248948% D 0-115 8400 1 0.248948% D D-201 8400 1 0208784% D 0-202 8400 1 0.282541% ❑ D-203 8400 1 0.249679% D D-204 8400 1 0.207323% O D-205 8400 1 0.197830% D D-206 8400 1 0.215356% D D-207 8400 1 0.289113% D D-208 8400 1 0.194909% O D-209 8400 1 0.249679% D D-210 8400 1 0.249679% ❑ D-211 8400 1 0.282541% D D-212 8400 1 0.215356% D D-214 8400 1 0.249679% ❑ D-215 8400 1 0.249679% D D-301 8400 1 0.209514% D. D-302 8400 1 0.283271% D 0-303 8400 1 0.250409% D D-304 8400 1 0.208053% D D-305 8400 1 0.198560% 1 1 D D-308 8400 1 0.216086% O D-307 8400 1 0289843% D D-308 8400 1 0.195839% D D-309 8400 1 0.250409% • O D-310 8400 1 0.250409% D 0-311 8400 1 0.2E13271% D D-312 8400 1 0.216088% O 0-314 8400 1 0.250409% < D D-315 8400 1 0150409% O 0-401 8400 1 0.210244% D D-402 8400 1 0.284001% D 0-403 8400 1 0.251139% D D-404 8400 1 0.208784% D D-405 8400 1 0.199290% D D-406 8400 1 0216817% D 0-407 8400 1 0.290574% D D-408 8400 1 0.196369% D D-409 8400 1 0.251139% D 0-410 8400 1 0.251139% D D-411 8400 1 0.284001% D D-412 8400 1 0.216817% O D-414 8400 1 0251139% D D-415 8400 1 0151139% D D-501 8400 1 0.428522% D D-502 8400 1 0284732% D 0-503 8400 1 0.251869% D D-504 8400 1 0.209514% D D-505 8400 1 0200020% D D-506 8400 1 0.217547% D D-507 8400 1 0.291304% D D-508 8400 1 0.197099% D D-509 8400 1 0251869% O D-510 8400 1 0251869% D D-511 8400 1 0284732% D D-515 8400 1 0.503740% D 0-601 8400 1 0213896% D D-602 8400 1 0.287653% D D-603 8400 1 0.254791% D D-604 8400 1 0212435% D D-605 8400 1 0.202942% D D-606 8400 1 0.220488% D D-607 8400 1 0.294224% { D D-608 8400 1 0200020% D D-609 8400 1 0,254791% D D-610 8400 1 0254791% O 0-611 8400 1 0.287653% D D-612 8400 1 0.220468% D D-614 8400 1 0254791% D D-615 8400 1 0254791% E E-101 8340 1 0208053% E E-102 8340 1 0215356% E E-103 8340 1 0248948% E E-104 8340 1 0206593% i E E-105 8340 1 0.197099% E E-106 8340 1 0214626% i - • - . . . E E-107 8340 1 0.288383% 1. E E-108 8340 1 0.197099% E E-109 8340 1 0248948% E E-110 8340 1 0.248948% E E-111 8340 1 0.215356% E E-112 8340 1 0.204402% E E-114 8340 1 0.248948% E E-115 '8340 1 0.248948% E E-201 8340 1 0.208784% E E-202 8340 1 0282541% E E-203 8340 1 0249679% E E-204 8340 1 0.207323% E E-205 6340 1 0.197830% E E-206 8340 1 0.215356% E E-207 8340 1 0289113% • E E-208 8340 1 0.197830% • E E-209 8340 1 0.249679% E E-210 8340 1 0249679% E E-211 8340 1 - 0.282541% . E E-212 8340 1 0205132% E E-214 8340 1 0.249679% E E-215 8340 1 0.249679% E E-301 9340 1 0.209514% E E-302 8340 1 0.283271% E E-303 8340 1 0.250409% E E-304 8340 1 0.208053% E E-305 8340 1 0.198560% E E-308 8340 1 0216086% E E-307 8340 1 0.289843% E E-308 8340 1 0.198560% E E-309 8340 1 0250409% E E-310 0340 1 0.250409% E E-311 8340 1 0283271% • E E-312 8340 1 0.205863% E E-314 8340 1 0.250409% E E-315 8340 1 0250409% E E-401 8340 1 0.210244% E E-402 8340 1 0.284001% E E-403 8340 1 0251139% E E-404 8340 1 0.208784% E E-405 8340 1 0.199290% . E E-408 8340 1 0216817% . E E-407 8340 1 0290574% E E-408 8340 1 0.199290% E E-409 8340 1 0251139% • E E-410 8340 1 0.251139% E E-411 8340 1 0.284001% . E E-412 8340 1 0206593% E E-414 8340 1 0.251139% E E-415 3340 1 0.251139% - E E-501 8340 1 0210974% E E-502 8340 1 0.284732% ' E E-503 8340 1 0251869% . E E-504 8340 1 0.209514% E E-505 8340 1 0.200020% I E E-506 8340 1 0217547% E E-507 8340 1 0291304% • E E-508 8340 1 0200020% E E-509 8340 1 0251869% ' E E,510 8340 1 0251869% • E E-511 8340 1 0.284732% E E-512 B340 1 0.207323% E E-514 8340 1 0.251869% E E-515 8340 1 0.251669% E E-601 8340 1 0.213896% E E-602 8340 1 0.287653% E E-603 8340 1 0.254791% E E-604 8340 1 0212435% E E-605 8340 1 0.202942% E E-606 8340 1 0.220468% E E-607 8340 1 0294225% E E-608 8340 1 0.202942% E E-609 8340 1 0.254791% . E E-610 8340 1 0.254791% E E-611 8340 1 0287653% E E-612 8340 1 0210244% E E-614 8340 1 0.254791% - E E-615 8340 1 0.254791% F F-102 8300 1 0206593% F F-103 8300 1 0.299337% F F-104 8300 1 0210244% F F-105 8300 1 0248948% F F-106 8300 1 0.200751% F F-107 . 8300 t 0.248948% . F F-108 • 8300 •1 0.248948% F F-109 8300 1 D244567% F F-110 8300 1 0.210244% F F-111 8300 1 0214626% F F-112 8300 1 0.197099% F F-114 8300 1 0.252600% F F-115 8300 1 0.299337% F F-201 8300 1 0.192718% F F-202 8300 1 0.207323% F F-203 8300 1 0.215356% F F-204 8300 1 0210974% F F-205 8300 1 0.249679% F F-206 8300 1 0201481% F F-207 8300 1 0.249679% 1 F F-208 8300 1 0.246027% F F-209 8300 1 0.281810% F F-210 8300 1 0.210974% F F-211 8300 1 0.215356% V. F F-212 8300 1 0.194909% F F-214 8300 1 0.259902% i. F F-215 8300 1 0296416% F F-301 8300 1 0.194178% F F-302 8300 1 0.208053% F F-303 8300 1 0.216817% E. F F-304 8300 1 0.211705% 1 F F-305 8300 1 0250409% 1 F F-306 8300 1 0.202211% • F F-307 8300 1 0.250409% F F-308 8300 1 0.246758% • F F-309 8300 1 0.275968% • F F-310 8300 1 0.211705% F F-311 8300 1 0216086% F F-312 8300 1 0.195839% F F-314 8300 1 0.260633% F F-315 8300 1 0.297146% F F-401 8300 1 0.194909% F F-402 8300 1 0.208784% F F-403 8300 1 0.217547% F F-404 8300 1 0212435% F F-405 8300 1 0251139% F F-406 8300 1 0202942% F F-407 8300 1 0.251139% F F-408 8300 1 0247488% ' F F-409 8300 1 0.276699% F F-410 8300 1 0.212435% F F-411 8300 1 0.216817% F F-412 8300 1 0.196369% F F-414 8300 1 0.261363% F F-415 8300 1 0297876% F F-501 8300 1 0.195639% F F-502 8300 1 0.209514% F F-503 8300 1 0.218277% F F-504 8300 1 0.213165% F F-505 8300 1 0251869% i F F-508 8300 1 0.203672% F F-507 8300 1 0.251869% F F-508 8300 1 0.248218% 4 F F-509 8300 1 0.277429% F F-510 8300 1 0.213155% F F-511 8300 1 0.217547% F F-512 8300 1 0.197099% F F-514 8300 1 0.262093% j F F-515 8300 1 0.298607% F F-601 8300 1 0.198560% 1 F F-602 8300 1 0212435% F F-603 8300 1 0.221198% z F F-604 8300 1 0.216086% F F-605 8300 1 0.254791% 1 F. F-608 8300 1 0.206593% F F-607 8300 1 D.254791% F F-608 8300 1 0.251139% ' F F-609 8300 1 0.280350% F F-610 8300 1 0.216086% i F F-611 8300 1 0.220468% 4 F F-612 8300 1 0.200020% F F-614 8300 1 0265014% F F-615 8300 1 0.301528% Thy 1-1A 6273 1 0.299337% I THV 1-2B 6275 1 0.302258% THV 1-3C 6271 1 . 0.321245% THV 2-1 6269 1 0.308100% THV 2-2 6267 1 0.289113% THV 2-3 6265 1 0.296416% TFV 2-4 6263 1 0.296416% THV 2-5 6261 1 0.289113% THV 2-6 6259 1 0.321245% THV 3-1 6257 1 0.308100% THV 3-2 6255 1 0.314673% THV 3-3 6253 1 0296416% { THV 3-4 6251 1 0296416% THV 3-5 6249 1 0.314673% THV 3.6 6247 1 0.308100% THV 4-1A 204 1 0.299337% THV 4-2B 202 1 0.302258% THV 4-3C 206 1 0.321245% Thy 5S-1A 104 1 0299337% THV 55-2B 102 1 0.302258% THV 53-3C 106 1 0.321245% THV 5N-1A 110 1 0.299337% THV 5N-2B 112 1 0.302258% THV 514-3C 18 1 0.321245% THV 6-1 8421 1 0.321245% THV 6-2 8425 1 0.314673% • THV 6-3 8429 1 0.308100% THV 7-1 8433 1 0.308100% . THV 7-2 8437 1 0289113% • THV 7-3 8441 1 0.296416% THV 7-4 8445 1 0296416% THV 7-5 8449 • 1 0.289113% THV 7-6 8453 1 0.308100% THV 8-1 8455 1 0.308100% THV 8-2 8457 1 0.314673% THV 6-3 8459 1 0.296416% THV 6-4 8461 1 0.296416% THV 8-5 8463 1 0.314873% i THV 8-6 8465 1 0.308100% 7 THV 9-1 8467 1 0.308100% i THV 9-2 8475 1 0.314673% THV 9-3 8471 1 0.296416% 3 THV 9-4 8473 1 0.296416% THV 9-5 8469 1 0.289113% THV 9-6 8477 1 0.308100% • THV 10-1 402 1 0.308100% THV 10-2 404 1 0.314873% '' THV 10-3 406 1 0.296416% THV 11-1 302 1 0.308100% 1 THV 11-2 304 1 0.289113% THV 11-3 306 1 0.296416% TFN 11 -4 308 1 0.296416% THV 11 -5 310 1 0.314673% THV 11 -6 312 1 0.308100% THV 12-1 6325 1 0.308100% THV 12-2 6323 1 0289113% 1 THV 12-3 6321 1 0.296416% THV 12-4 6319 1 0.296416% THV 12-5 6317 1 0.269113% i. THV 12-6 6315 1 0.308100% THV 13-1 6313 1 0.308100% THV 13-2 6311 1 0.289113% THV 13-3 6309 1 0.296416% THV 13-4 6307 1 0296416% THY 13-5- 6305 1 0.289113% THV 13-6 6303 1 ' 0.308100% THV 14-1 602 1 0.308100% THV 14-2 604' 1 0.314673% THV 14-3 606 1 0.298416% THV 14-4 608 1 0.296416% THV 14.5 610 1 0.289113% THV 14-6 612 1 0.308100% THV 15-1 502 1 0.308100% THV 15-2 504 1 0.314673% THV 15-3 506 1 0.296416% THV 15-4 508 1 0.296416% 11-IV 15-5 510 1 0.314673% THV 15-6 512 1 0.308100% Triangle special allaa. 0 0.306710% 100.000000% • I a 1 1 1 1 • REVISED OWNERSHIP PERCENTAGES DUE TO SALE OF TRIANGLE PARCEL-eff. for 2010 budget i C C-.102 8440 1 0.210887% C C-103 8440 1 0.300261% C C-104 8440 1 0201368% C C-105 8440 1 - 0249716% . • C C-106 8440 1 0249716% C C-107 8440 1 0145322% C C-108 8440 1 0207223% C C-109 8440 1 0215290% C C-110 8440 1 0.197706% C C-111 8440 1 0.300261% C C-112 8440 1 0253377% C C-201 8440 1 0.193313% C C-202 8440 1 0211619% C C-203 8440 1 0.216023% C C-204 8440 1 0.202100% C C-205 8440 1 0250448% C C-206 8440 1 0.250448% . C C-207 8440 1 0781677% C C-208 8440 1 0.207958% C C-209 8440 1 0216023% • • C C-210 8440 1 0.198439% C C-211 8440 1 0.300993% C C-212 8440 1 0254109% C C-301 8440 1 0.194777% C C-302 8440 1 0212351% C C-303 8440 1 0217487% . C C-304 8440 1 0202832% . C C-305 8440 1 0251180% C C-306 8440 1 0.251180% C C-307 8440 1 0.284141% C C-308 8440 1 0208690% C C-309 8440 1 0216755% - _ C • C-310 8440 1 0.199171% C C-311 8440 1 0.301715% C C-312 8440 1 0.254842% C • C-401 8440 1 0.195510% C C-402 8440 1 0.213094% C C-403 8440 . 1 0.218219% C C-404 8440 1 0203564% C C-405 8440 1 0251913% C C-406 8440 1 0.251913% C C-407 8440 1 0.284874% C C-406 8440 1 0209422% C C-409 8440 1 0.217487% C C-410 8440 1 0.199903% C C-411 8440 1 0.302448% C C-412 8440 - 1 0.255574% C C-501 8440 1 0.196242% C C-502 8440 1 0213826% - _ C C-503 8440 1 0.218952% C C-504 8440 1 0204297% _- C C-505 8440 . 1 0252645% C C-506 8440 1 0.252545% C C-507 8440 1 0.285806% EXHIBIT f . 0'/I msrvnin4 C-508 8440 1 0.210155% C-509 8440 1 0218219% { C-510 8440 1 0.200635% C-511 8440 1 0.303180% C-512 8440 1 0256308% C-601 8440 1 0.199171% 0-602 8440 1 0216755% C-603 8440 1 0.221881% C-604 8440 1 0.207226% C-605 8440 1 0.255574% - { C-606 8440 1 0255574% C-607 8440 1 0288535% C-608 34.40 1 0213094% C-609 8440 1 0.221148% C-610 8440 1 0203564% C-611 8440 1 0.306109% C-612 8440 1 0259235% : 0-101 8400 1 0208693% D-102 8400 1 0216019% 0-103 8400 1 0.249714% O-104 8400 1 0207229% D-105 8400 1 0.197705% D-106 8400 1 0.215286% • 0-107 8400 1 0.289270% D-108 8400 1 0.194775% D-109 8400 1 0249714% 0.110 8400 1 0249714% D-111 8400 1 0216019% D-112 8400 1 0215286% D-114 8400 1 0249714% D-115 8400 . 1 0249714% 0-201 8400 1 0209425% D-202 8400 1 0.283410% D-203 8400 1 0250447% D-204 8400 1 0.207961% D-205 8400 1 0.198439% D-206 8400 1 0.216019% D-207 8400 1 0.290002% 0-208 8400 1 ' 0.195509% D-209 8400 1 0250447% b-210 8400 1 0.250447% D-211 8400 1 0.283410% . D-212 8400 1 0.216019% D-214 8400 1 0250447% D-215 8400 1 0250447% D-301 8400 i 0210159% . D-302 8400 1 0.284142% D-303 8400 1 0.251179% D-304 8400 1 0.208693% 0-305 8400 1 0.199171% 0-306 8400 1 0216751% D-307 8400 1 0.290735% 0-308 MOO 1 0.196241% D-3Q9 8400 1 0251179% D-310 8400 1 0.251179% D-311 8400 1 0284142% 1 0-312 8400 1 0.216751% _. 0-314 8400. 1 0.251179% i 0-315 8400 1 0251179% 0-401 8400 1 0210891% i • D D-402 8400 1 0.284875% • D 0-403 8400 1 0.251912% D D-404 8400 1 - 0.209428% { D D-405 8400 1 0.199903% D D-406 8400 1 0.217484% D D-407 8400 1 0.291468% D 0-408 8400 1 0.196973% D 0-409 8400 1 0251912% D D-410 8400 1 0.251912% D D-411 8400 1 0.284875% D 0-412 8400 1 0.217484% • 0 D-414 8400 1 0.251912% D 0-415 8400 1 0251912% D D-501 8400 1 0.429840% D 0-502 8400 1 0.285608% D 0-503 8400 1 0252844% O D-504 8400 1 0.210159% D D-505 8400 1 0200835% 0 D-506 8400 1 0216216% ' D 0-507 8400 1 0292200% ❑ 0-508 6400 1 0.197705% - D D-509 8400 1 0.252644% D 0-510 8400 1 0.252844% • • . D D-511 8400 1 0.285608% ' 0 0-515 8400 1 0.505290% D 0-601 8400 1 0214554% O 0-602 8400 1 0288536% . 0 D-603 8400 1 0255575% D 0-604 8400 . 1 0213089% D 0-605 8400 1 0203566% O 0-606 8400 1 0221146% ❑ 0-607 8400 1 0295129% D D-608 8400 1 0290635% D D-609 8400 1 0255575% ❑ n-610 8400 1 0255575% • D 0.611 8400 1 0288538% D D-612 8400 1 0221146% 0 0-614 8400 1 0255575% • • 0 0-615 8400 1 0255575% E E-101 8340 1 0.208893% - > E E-102 8340 1 0.216019% E .E-103 8340 1 0249714% ' E E-104 8340 1 0207229% . E E-105 8340 • 1 0.197705% E E-106 8340 1 0.215286% E E-107 8340 1 0.289270% E E-108 B340 1 0.197705% . E E-109 8340 1 0249714% E E-110 8340 1 0.249714% E E-111 8340 1 0216019% E E-112 8340 1 0.206031% 1 E E-114 8340 1 0249714% E E-115 8340 1 0.249714% E E-201 8340 1 0.209426% E E-202 8340 1 0.283410% E E-203 8340 1 0.250447% ' E E-204 8340 1 0.207961% E • E-205 8340 . 1 0.198439% E E-206 8340 1 0,216019% E E-207 8340 1 0.290002% E E-208 8340 1 0.198439% E E-209 8340 1 0250447% E E•210 8340 1 0.250447% E E-211 8340 1 D.283410% E E-212 8340 1 0.205763% E E-214 8340 1 0.250447% jj E E-215 8340 1 0250447% E E--301 8340 1 0210159% E E-302 8340 1 0.284142% E E-303 5340 1 0.251179% . E E-304 8340 1 0208693% E • E-305 8340 1 •0.199171% E E-308 8340 1 0216751% E E-307 8340 1 0290735% E E-308 8340 1 0.199171% E E-309 8340 1 0.251179% E E-310 8340 1 0.251179% E E-311 8340 1 0.284142% E E-312 8340 1 0.206498% E .E-314 8340 1 0251179% E E-315 8340 1 0.251179% E E-401 8340 1 0.210891% E E-402 8340 1 0264875% E E-403 8340 1 0.251912% E E-404 8340 1 0.209426% - • E E-405 8340 1 0.199903% E E-406 8340 1 0217484% E E-407 8340 1 0291458% E E-408 6340 1 0.199903% E E-409 8340 1 0.251912% E 5-410 8340 1 0251912% E E-411 8340 1 0284875% E E-412 8340 1 0207229% E E-414 8340 1 0251912% E E-415 8340 1 0.251912% E E-501 8340 1 0211623% E E-502 8340 1 0285608% E E-503 5340 1 0252644% E E-504 8340 1 0210159% E E-505 8340 1 0.200835% - E E-506 8340 1 0218216%, E E-507 8340 1 0.292200% E E-508 8340 1 0200635% i. E 5-509 8340 1 0252644% E "E-510 8340 1 0252844% i E E-511 , 8340 1 0.285608% 1 E E-512 8340 1 0.207961% E E-514 8340 1 0252544% E E-515 8340 i 0252644% E E-601 8340 1 0.214554% • E 5-602 8340 1 0.288538% E E-603 8340 1 0255575% E E-604 8340 1 0.213089% E E-605 8340 1 0.203566% • E E-606 8340 1 0.221146% • E E-607 8340 1 0.295130% E E-608 8340 1 0203566% _- E E-609 8340 1 0255575% _ . E E-610 8340 1 0255575% E E-611 8340 1 0.288538% E E-612 8340 1 0.210891% E E-614 8340 1 0.255575% E E-615 8340 1 0.255575% • • F F-102 8300 1 0.207229% i F F-103 6300 1 0.300258% • F F-104 8300 1 0.210891% i!I F F-105 8300 1 0.249714% F F-106 8300 1 0201369% F' F-107 8300 1 0.249714% F F-108 8300 1 0249714% F F-109 8300 1 0245319% F F-110 8300 1 0.210891% F F-111 8300 1 0.215288% . F F-112 8300 1 0.197705% F F-114 8300 I 0.253377% F F-115 8300 1 0.300258% F F-201 8300 1 0.193311% F F-202 8300 1 0.207961% • F F-203 8300 1 0216019% F F-204 8300 1 0211623% F F-205 8300 1 0.250447% F F-208 8300 1 0.202101% F F-207 8300 1 0.250447% ' F F-208 8300 1 0.248784% F F-209 8300 1 0.282677% F F-210 8300 1 0.211623% F F-211 8300 1 0216019% • F F-212 6300 1 0.195509% F F-214 8300 1 0.260702% F F-215 8300 1 0.29732B% F F-301 8300 1 0.194775% • F F-302 8300 1 0208893% F F-303 8300 1 0.217484% F F-304 6300 1 0212356% F F-305 8300 1 0251179% ' F F-306 8300 1 0.202833% F F-307 8300 1 0251179% F F-308 8300 1 0247517% F F-309 8300 1 0,276817% F F-310 8300 1 0212356% F F-311 8300 1 0.216751% F F-312 8300 1 0.196241% F F-314 8300 1 0.261435% F F-315 8300 1 0298060% F F-401 8300 1 0.195509% F F-402 8300 1 0209425% F F-403 8300 1 0210216% F F-404 8300 1 0.213089% ' F F-405 8300 i 0251912% F F-406 8300 1 0203566% F F-407 8300 1 0.251912% F F-408 8300 1 0.248249% - F F-409 8300 1 Q.277550% F F-410 8300 '1 0213089% F F-411 8300 1 0217484% . F F-412 8300 1 0.196973% • F F-414 8300 1 0.282167% F - F-415 8300 1 0.298792% - F F-501 8300 1 0.196241%F F-502 6300 I 0210159% 1 F F-503 8300 1 0.218949% F F-504 8300 1 0213821% F F-505 8300 1 0252644% 1 F F-506 8300 1 0.204299% 1 F F-507 6300 1 0.252644% 1 F F-508 8300 1 0.248982% 1 F F-509 8300 1 0.278283% i F F-510 8300 1 0.213821% ' F F-511 8300 1 0218216% F F-512 5300 1 0.197705% F F-514 8300 1 0.262899% i F F-515 8300 1 0.299525% F F-601 8300 1 0.199171% 1 F F-802 8300 1 0213069% I F F-603 8300 1 0.221879% I F F-604 8300 1 0216751% .F F-605 8300 1 0255575% F F-606 5300 1 0.207229% F F-607 6300 1 0.255575% F F-608 8300 1 0.251912% F F-609 8300 1 0281213% F F-610 8300 1 0216751% F F-611 6300 1 0.221146% F F-612 8300 1 0.200635% F F-614 8300 1 0 79.5829% F F-615 8300 - 1 0.302456% THV 1-1A 6273 1 0.300255% THV 1-213 6275 1 0.303188% THV 1-3C 6271 1 0.322233% THV 2-1 6269 1 0.309048%.2 THV 2-2 6267 1 090002% THV 2-3 6265 1 0297328% 11-IV 2-4 6263 1 0297328% THV 2-5 Thy 6 1 0290002% V 2-6 259 1 0.177994% THV 3-1 6257 1 0.309048% THV 3-2 6255 1 0.315641% I THV 3-3 8253 1 0.297326% THV 3-4 6251 1 0297328% THV 3-5 6249 1 0.315641% 111V 3-6 6247 1 0.309048% i THV 4-1A 204 1 0.300258% THV 4-28 202 1 0.303188% THV 4-3C 206 1 0.372713% THV 53-1A 104 1 0.300258% i THV 55-28 102 1 0.303168% 1 THV 5S-3C 106 1 0.322233% 1 THV 514-1A 110 1 0.300258% THV 514-28 112 1 0.303158% • THV SN-3C 18 1 0.322233% I THV 6-1 8421 1 0.322233% ' THV 6-2 8425 1 0.315841% THV 6-3 8429 1 0.309048% THV 7-1 8433 1 0.309048% . THV 7-2 8437 1 0.290002% THV 7-3 8441 1 0297328% THV 7-4 8445 1 0.297328% .... THV 7-5 8449 1 0.290002% 3 T11V 7-6 8453 1 0.309048%- 1 THV 8-1 8455 1 0.309048% THV 8-2 8457 1 0.315641% THV 8-3 8459 1 0.297328% THV 8-4 8461 1 0297328% THV 8-5 8463 1 0.315641% TI-N 8-8 8465 1 0.309048% THV 9-1 8487 1 0.309048% I THY 9-2 8475 1 0.315641% THV 9.3 8471 1 0.297328% 1 Thy 9-4 8473 1 0.297326% THV 9-5 8469 1 0290002% THV 9-6 8477 1 0.309048% THV 10-1 402 1 0309048% • THV 10-2 404 1 0.315641% j. THV 10-3 408 1 0.297328% THY 11-1 302 1 0.309048% TI-N 11 -2 304 1 0290002% THY 11-3 306 1 0.297328% THV 11-4 308 1 0297328% 11-N 11-5 310' 1 0.3t5641% . 11-N 11-6 312 1 0.309048% THV 12-1 6325 1 0.309048% 11-3/ 12-2 6323 1 0290002% THV 12-3 6321 1 0.297328% THV 12-4 6319 1 0297329% . THV 12-5 6317 1 0.290002% TFN 12-6 6315 1 0309048% • THV 13-1 6313 1 0.309048% THV' 13-2 6311 1 0290002% TIN 13-3 6309 1 0.297328% - THV 13-4 '6307 1 0.297328% THY 13-5 6305 1 0290002% THV 13-6 6303 1 0.309048% THV 14-1 602 1 0-309048% TFN 14-2 604 1 0.315641% THY 14-3 606 1 0297328% THV 14-4 608 1 0.297328% THV 14-5 610 1 0.290002% THV 14-6 612 1 0-309048% THV 15-1 502 1 0.309048% THV 15-2 504 1 0.315641% . THV 15-3 506 1 0.297328% THV 15-4 508 1 0.297328% . TFN 15-5 510 1 0.315541% Thy 15-8 512 1 0.309048% 100.000000% . - . • 1 IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS COUNTY DEPARTMENT,LAW DIVISION BOARD OF DIRECTORS FOR THE ) WOODLANDS OF MORTON GROVE ) CONDOMINIUM ASSOCIATION,and ) THE WOODLANDS OF MORTON GROVE ) CONDOMINIUM ASSOCIATION, ) Plaintiffs, ) v. ) No.08 L 7850 THE WOODLANDS OF MORTON GROW, ) LLC,an Illinois limited Liability Company,at at ) Defendants. ) AGREED ORDER This cause coming on to be heard on motion of the Plaintiffs for the entry of an order of default against the Defendants,for a Modification of Percentages of Common Element Interests,authorization of the filing of the 17th Amendment to Declaration of Condominium,approval of the settlement agreement and for leave to file Plaintiffs First Amended Complaint. IT IS HEREBY ORDERED: 1.An order of default is entered against Defendants,service by publication having been completed in excess of 30 days prior hereto and none having appeared nor responded. 2. Plaintiff is granted leave to file the 17th Amendment to the declaration of condominium modifying the percentage of ownership interest in the common elements as a result of the sale of the"Woodlands triangle" to the Village of Morton Grove. 3. The settlement agreement attached to the Petition for Modification of Percentages of Common Element Interests Pursuant to Settlement Agreement be and is approved by this Court. 4. Plaintiff is granted leave to file its First Amended Complaint SO ORDERED. Submitted by: nfi +° ,'.. ,JUDGE 3i lAYLOR. ` 46 John H.Bicldey III 38862 ,t 750 Lake CooHIFRIN NESS 350 [`' 2 3 23.';I, Buffalo Grove,IL 60089 I' r4 eT R s t N (847)777-7301 CLER4�' ,pitCOUNTY,?E DEPUt RK� 738696.1 b EXHIBIT a f Billing Address 1 Unit Pin Number Townhome 102 Callie Court#2B 0102 10-20-121-045-1177 104 Callie Court#2A 0104 10-20-121-045-1176 106 Callie Court#2C 0106 10-20-121-045-1178 108 Callie Court#1C 0108 10-20-121-045-1181 110 Callie Court#1A 0110 10-20-121-045-1179 112 Callie Court#16 0112 10-20-121-045-1180 202 Callie Court#16 0202 10-20-121-045-1086 204 Callie Court#1A 0204 10-20-121-045-1085 206 Callie Court#1C 0206 10-20-121-045-1087 302 Callie Court#28 0302 10-20-121-045-1206 304 Callie Court#2A 0304 10-20-121-045-1207 306 Callie Court#2C 0306 10-20-121-045-1208 308 Callie Court#1C 0308 10-20-121-045-1209 310 Callie Court#1A 0310 10-20-121-045-1210 312 Callie Court#16 0312 10-20-121-045-1211 402 Callie Court#113 0402 10-20-121-045-1304 404 Callie Court#1A 0404 10-20-121-045-1305 406 Callie Court#1C 0406 10-20-121-045-1306 502 Callie Court#26 0502 10-20-121-045-1390 86 Calle Aragon#0 0504 10-20-121-045-1391 506 Callie Court#2C 0506 10-20-121-045-1392 508 Callie Court#1C 0508 10-20-121-045-1393 510 Callie Court#1A 0510 10-20-121-045-1394 512 Callie Court#16 0512 10-20-121-045-1395 602 Callie Ct 0602 10-20-121-045-1396 604 Callie Ct 0604 10-20-121-045-1397 606 Callie Ct 0606 10-20-121-045-1398 608 Callie Ct 0608 10-20-121-045-1399 610 Callie Ct 0610 ' 10-20-121-045-1400 612 Callie Ct 0612 10-20-121-045-1401 6247 Lincoln Ave#2B 6247 10-20-121-045-1199 6249 Lincoln Ave#2A 6249 10-20-121-045-1198 6251 Lincoln Ave#2C 6251 10-20-121-045-1197 6253 Lincoln Ave#1C 6253 10-20-121-045-1196 6255 Lincoln Ave#1A 6255 10-20-121-045-1195 6257 Lincoln Ave#16 6257 10-20-121-045-1194 6259 Lincoln Ave#26 6259 10-20-121-045-1300 6261 Lincoln Ave#2A 6261 10-20-121-045-1299 6263 Lincoln Ave#2C 6263 10-20-121-045-1298 6265 Lincoln#2C 6265 10-20-121-045-1297 6267 Lincoln Ave#1A 6267 10-20-121-045-1296 6269 Lincoln Ave#1 B 6269 10-20-121-045-1295 6271 Lincoln Ave 3C 6271 10-20-121-045-1090 6273 Lincoln Ave#1A 6273 10-20-121-045-1088 6275 Lincoln Ave#1C 6275 10-20-121-045-1089 6303 Lincoln Ave#28 6303 10-20-121-045-1389 6305 Lincoln Ave. 6305 10-20-121-045-1388 6307 Lincoln Ave 6307 10-20-121-045-1387 6309 Lincoln Ave#1C 6309 10-20-121-045-1386 6311 Lincoln Ave#1A 6311 10-20-121-045-1385 6313 Lincoln Ave#1B 6313 10-20-121-045-1384 6315 Lincoln Ave#2B 6315 10-20-121-045-1383 6317 Lincoln Ave 6317 10-20-121-045-1382 6319 Lincoln Ave#2C 6319 10-20-121-045-1381 6321 Lincoln Ave#1C 6321 10-20-121-045-1380 6323 Lincoln Ave 6323 10-20-121-045-1379 6325 Lincoln Ave#16 6325 10-20-121-045-1378 8421 Callie Ave#1C 8421 10-20-121-045-1301 8425 Callie Ave#1A 8425 10-20-121-045-1302 8429 Callie Ave#1 B 8429 10-20-121-045-1303 8433 Callie Ave#16 8433 10-20-121-045-1182 8437 Callie Ave#1A 8437 10-20-121-045-1183 8441 Callie Ave#1C 8441 10-20-121-045-1184 8445 Callie Ave#2C 8445 10-20-121-045-1185 8449 Callie Ave#2A 8449 10-20-121-045-1186 8453 Callie Ave#2B 8453 10-20-121-045-1187 8455 Callie Ave.#2B 8455 10-20-121-045-1200 8457 Callie Ave#1A 8457 10-20-121-045-1201 8459 Callie Court#1C 8459 10-20-121-045-1202 8461 Callie Ave#2C 8461 10-20-121-045-1203 8463 Callie Ave#2A 8463 10-20-121-045-1204 8465 Callie Ave#2B 8465 10-20-121-045-1205 8467 Callie Ave#1B 8467 10-20-121-045-1188 8469 Callie Ave#1A 8469 10-20-121-045-1192 8471 Callie Ave#1C 8471 10-20-121-045-1190 8473 Callie Ave#2C 8473 10-20-121-045-1191 8475 Callie Ave#2A 8475 10-20-121-045-1189 8477 Callie Ave#2B 8477 10-20-121-045-1193 8300 Callie Ave. 8300 Callie Ave.#102 0102 10-20-121-045-1212 8300 Callie Ave.#103 0103 10-20-121-045-1213 8300 Callie Ave.#104 0104 10-20-121-045-1214 8300 Callie Ave.#105 0105 10-20-121-045-1215 8300 Callie Ave.#106 0106 10-20-121-045-1216 8300 Callie Ave.#107 0107 10-20-121-045-1217 8300 Callie Ave.#108 0108 10-20-121-045-1218 8300 Callie Ave.#109 0109 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10-20-121-045-1263 8300 CaIlie Ave.#412 0412 10-20-121-045-1264 8300 CaIlie Ave.#414 0414 10-20-121-045-1265 8300 CaIlie Ave.#415 0415 10-20-121-045-1266 8300 Callie Ave.#501 0501 10-20-121-045-1267 8300 Callie Ave.#502 0502 10-20-121-045-1268 8300 Callie Ave.#503 0503 10-20-121-045-1269 8300 Callie Ave.#504 0504 10-20-121-045-1270 8300 Callie Ave.#505 0505 10-20-121-045-1271 8300 Callie Ave.#506 0506 10-20-121-045-1272 8300 Callie Ave.#507 0507 10-20-121-045-1273 8300 Callie Ave.#508 0508 10-20-121-045-1274 8300 Callie Ave.#509 0509 10-20-121-045-1275 8300 Callie Ave.#510 0510 10-20-121-045-1276 8300 Callie Ave.#511 0511 10-20-121-045-1277 8300 Callie Ave.#512 0512 10-20-121-045-1278 8300 Callie Ave.#514 0514 10-20-121-045-1279 8300 Callie Ave.#515 0515 10-20-121-045-1280 8300 Callie Ave.#601 0601 10-20-121-045-1281 8300 Callie Ave.#602 0602 10-20-121-045-1282 8300 Callie Ave.#603 0603 10-20-121-045-1283 8300 Callie Ave.#604 0604 10-20-121-045-1284 8300 Callie Ave.#605 0605 10-20-121-0451285 8300 Callie Ave.#606 0606 10-20-121-045-1286 8300 Callie Ave.#607 0607 10-20-121-045-1287 8300 Callie Ave.#608 0608 10-20-121-045-1288 8300 Callie Ave.#609 0609 10-20-121-045-1289 8300 Callie Ave.#610 0610 10-20-121-045-1290 8300 Callie Ave.#611 0611 10-20-121-045-1291 8300 Callie Ave.#612 0612 10-20-121-045-1292 8300 Callie Ave.#614 0614 10-20-121-045-1293 8300 Callie Ave.#615 0615 10-20-121-045-1294 8340 Callie Ave. 8340 Callie Avenue#101 0101 10-20-121-045-1092 8340 Callie Avenue#102 0102 10-20-121-045-1093 8340 Callie Avenue#103 0103 10-20-121-045-1094 8340 Callie Avenue#104 0104 10-20-121-045-1095 8340 Callie Avenue#105 0105 10-20-121-045-1096 8340 Callie Avenue#106 0106 10-20-121-045-1097 8340 Callie Avenue#107 0107 10-20-121-045-1098 8340 Callie Avenue#108 0108 10-20-121-045-1099 8340 Callie Avenue#109 0109 10-20-121-045-1100 8340 Callie Avenue#110 0110 10-20-121-045-1101 8340 Callie Avenue#111 0111 10-20-121-045-1102 8340 Callie Avenue#112 0112 10-20-121-045-1103 8340 Callie Avenue#114 0114 10-20-121-045-1104 8340 Callie Avenue#115 0115 10-20-121-045-1105 8340 Callie Avenue#201 0201 10-20-121-045-1106 8340 Callie Avenue#202 0202 10-20-121-045-1107 8340 Callie Avenue#203 0203 10-20-121-045-1108 8340 Callie Ave#204 0204 10-20-121-045-1109 8340 Callie Avenue#205 0205 10-20-121-045-1110 8340 Callie Avenue#206 0206 10-20-121-045-1111 8340 Callie Avenue#207 0207 10-20-121-045-1112 8340 Callie Avenue#208 0208 10-20-121-045-1113 8340 Callie Avenue#209 0209 10-20-121-045-1114 8340 Callie Avenue#210 0210 10-20-121-045-1115 8340 CaIlie Avenue#211 0211 10-20-121-045-1116 __ 8340 Callie Avenue#212 0212 10-20-121-045-1117 8340 Callie Avenue#214 0214 10-20-121-045-1118 8340 CaIlie Avenue#215 0215 10-20-121-045-1119 8340 Callie Avenue#301 0301 10-20-121-045-1120 8340 Callie Avenue#302 0302 10-20-121-045-1121 8340 Callie Avenue#303 0303 10-20-121-045-1122 8340 Callie Avenue#304 0304 10-20-121-045-1123 8340 CaIlie Avenue#305 0305 10-20-121-045-1124 8340 Callie Avenue#306 0306 10-20-121-045-1125 8340 Callie Avenue#307 0307 10-20-121-045-1126 8340 Callie Avenue#308 0308 10-20-121-045-1127 8340 Callie Avenue#309 0309 10-20-121-045-1128 8340 Callie Avenue#310 0310 10-20-121-045-1129 8340 Callie Avenue#311 0311 10-20-121-045-1130 8340 Callie Avenue#312 0312 10-20-121-045-1131 8340 Callie Ave#314 0314 10-20-121-045-1132 8340 Callie Avenue#315 0315 10-20-121-045-1133 8340 Callie Avenue#401 0401 10-20-121-045-1134 8340 Callie Avenue#402 0402 10-20-121-045-1135 8340 CaIlie Avenue#403 0403 10-20-121-045-1136 8340 Callie Avenue#404 0404 10-20-121-045-1137 8340 Callie Avenue#405 0405 10-20-121-045-1138 8340 Callie Avenue#406 0406 10-20-121-045-1139 8340 Callie Avenue#407 0407 10-20-121-045-1140 8340 Callie Avenue#408 0408 10-20-121-045-1141 8340 Callie Avenue#409 0409 10-20-121-045-1142 8340 Callie Avenue#410 0410 10-20-121-045-1143 8340 Callie Avenue#411 0411 10-20-121-045-1144 8340 Callie Avenue#412 0412 10-20-121-045-1145 8340 Callie Avenue#414 0414 10-20-121-045-1146 8340 Callie Avenue#415 0415 10-20-121-045-1147 8340 Callie Avenue#501 0501 10-20-121-045-1148 8340 Callie Avenue#502 0502 10-20-121-045-1149 8340 Callie Avenue#503 0503 10-20-121-045-1150 8340 CaIlie Avenue#504 0504 10-20-121-045-1151 8340 Callie Avenue#505 0505 10-20-121-045-1152 8340 Callie Avenue#506 0506 10-20-121-045-1153 8340 Callie Avenue#507 0507 10-20-121-045-1154 8340 Callie Avenue#508 0508 10-20-121-045-1155 8340 Callie Avenue#509 0509 10-20-121-045-1156 8340 Callie Avenue#510 0510 10-20-121-045-1157 8340 Callie Avenue#511 0511 10-20-121-045-1158 8340 Callie Avenue#512 0512 10-20-121-045-1159 . 8340 Callie Avenue#514 0514 10-20-121-045-1160 8340 Callie Avenue#515 0515 10-20-121-045-1161 8340 Callie Avenue#601 0601 10-20-121-045-1162 8340 Callie Avenue#602 0602 10-20-121-045-1163 8340 Callie Avenue#603 0603 10-20-121-045-1164 8340 Callie Avenue#604 0604 10-20-121-045-1165 8340 Callie Avenue#605 0605 10-20-121-045-1166 8340 CaIlie Avenue#606 0606 10-20-121-045-1167 8340 Callie Avenue#607 0607 10-20-121-045-1168 8340 Callie Avenue#608 0608 10-20-121-045-1169 8340 Callie Avenue#609 0609 10-20-121-045-1170 8340 Came Avenue#610 0610 10-20-121-045-1171 8340 Callie Avenue#611 0611 10-20-121-045-1172 8340 Callie Avenue#612 0612 10-20-121-045-1173 8340 Callie Avenue#614 0614 10-20-121-045-1174 8340 Callie Avenue#615 0615 10-20-121-045-1175 8400 Callie Ave. 8400 CaIlie Avenue#101 0101 10-20-121-045-1001 8400 Callie Avenue#102 0102 10-20-121-045-1002 8400 Callie Avenue#103 0103 10-20-121-045-1003 8400 Callie Avenue#104 0104 10-20-121-045-1004 8400 Callie Avenue#105 0105 10-20-121-045-1005 8400 Callie Avenue#106 0106 10-20-121-045-1006 8400 Callie Avenue#107 0107 10-20-121-045-1007 MOO Callie Avenue#108 0108 10-20-121-045-1008 MOO Callie Avenue#109 0109 10-20-121-045-1009 MOO Callie Avenue#110 0110 10-20-121-045-1010 8400 Callie Avenue#111 0111 10-20-121-045-1011 MOO Callie Avenue#112 0112 10-20-121-045-1012 MOO Callie Avenue#114 0114 10-20-121-045-1013 MOO Callie Avenue#115 0115 10-20-121-045-1014 8400 Callie Avenue#201 0201 10-20-121-045-1015 MOO Callie Ave.#202 0202 10-20-121-045-1016 MOO Callie Avenue#203 0203 10-20-121-045-1017 MOO Callie Avenue#204 0204 10-20-121-045-1018 MOO Callie Avenue#205 0205 10-20-121-045-1019 MOO Callie Avenue#206 0206 10-20-121-045-1020 MOO Callie Avenue#207 0207 10-20-121-045-1021 MOO Callie Avenue#208 0208 10-20-121-045-1022 MOO Callie Ave. #209 0209 10-20-121-045-1023 MOO Callie Avenue#210 0210 10-20-121-045-1024 MOO Callie Avenue#211 0211 10-20-121-045-1025 MOO Callie Avenue#212 0212 10-20-121-045-1026 MOO Callie Avenue#214 0214 10-20-121-045-1027 MOO Callie Avenue#215 0215 10-20-121-045-1028 MOO Callie Avenue#301 0301 10-20-121-045-1029 MOO Callie Avenue#302 0302 10-20-121-045-1030 MOO Callie Avenue#303 0303 10-20-121-045-1031 MOO Callie Avenue#304 0304 10-20-121-045-1032 MOO Callie Avenue#305 0305 10-20-121-045-1033 MOO Callie 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10-20-121-045-1322 8440 Callie Ave.#206 0206 10-20-121-045-1323 8440 Callie Ave.#207 0207 10-20-121-045-1324 8440 Callie Ave.#208 0208 10-20-121-045-1325 8440 Callie Ave.#209 0209 10-20-121-045-1326 8440 Callie Ct#210 0210 10-20-121-045-1327 8440 Callie Ave.#211 0211 10-20-121-045-1328 8440 Callie Ave.#212 0212 10-20-121145-1329 8440 Callie Ave 0301 10-20-121-045-1330 8440 Callie Ave.#302 0302 10-20-121-045-1331 8440 Callie Ave.#303 0303 10-20-121-045-1332 8440 Callie Ave.#304 0304 10-20-121-045-1333 8440 Callie Ave.#305 0305 10-20-121-045-1334 8440 Callie Ave.#306 0306 10-20-121-045-1335 8440 Callie Ave.#307 0307 10-20-121-045-1336 8440 Callie Ave.#308 0308 10-20-121-045-1337 8440 Callie Ave.#309 0309 10-20-121-045-1338 8440 Callie Ave.#310 0310 10-20-121-045-1339 8440 Callie Ave.#311 0311 10-20-121-045-1340 8440 Callie Ave.#312 0312 10-20-121-045-1341 8440 Callie Ave.#401 0401 10-20-121-045-1342 8440 Callie Ave.#402 0402 10-20-121-045-1343 8440 Callie Ave.#403 0403 10-20-121-045-1344 8440 Callie Ave.#404 0404 10-20-121-045-1345 8440 Callie Ave.#405 0405 10-20-121-045-1346 8440 Callie Ave.#406 0406 10-20-121-045-1347 8440 Callie Ave.#407 0407 10-20-121-045-1348 8440 Callie Ave.#408 0408 10-20-121-045-1349 8440 Callie Ave.#409 0409 10-20-121-045-1350 8440 Callie Ave.#410 0410 10-20-121-045-1351 8440 Callie Ave.#411 0411 10-20-121-045-1352 8440 Callie Ave.#412 0412 10-20-121-045-1353 8440 Callie Ave.#501 0501 10-20-121-045-1354 8440 Callie Ave.#502 0502 10-20-121-045-1355 8440 Callie Ave.#503 0503 10-20-121-045-1356 8440 Callie Ave.#504 0504 10-20-121-045-1357 8440 Callie Ave Unit 505 0505 10-20-121-045-1358 8440 Callie Ave.#506 0506 10-20-121-045-1359 8440 Callie Ave.#507 0507 10-20-121-045-1360 8440 Callie Ave.#508 0508 10-20-121-045-1361 8440 Callie Ave.#509 0509 10-20-121-045-1362 8440 Callie Ave.#510 0510 10-20-121-045-1363 8440 Callie Ave.#511 0511 10-20-121-045-1364 8440 Callie Ave.#512 0512 10-20-121-045-1365 8440 Callie Ave.#601 0601 10-20-121-045-1366 8440 Callie Ave.#602 0602 10-20-121-045-1367 8440 Callie Ave.#603 0603 10-20-121-045-1368 8440 Callie Ave.#604 0604 10-20-121-045-1369 8440 Callie Ave.#605 0605 10-20-121-045-1370 8440 Callie Ave.#606 0606 10-20-121-045-1371 8440 Callie Ave.#607 0607 10-20-121-045-1372 8440 Callie Ave.#608 0608 10-20-121-045-1373 8440 Callie Ave.#609 0609 10-20-121-045-1374 8440 Callie Ave.#610 0610 10-20-121-045-1375 8440 Callie Ave.#611 0611 10-20-121-045-1376 8440 Callie Ave.#612 0612 10-20-121-045-1377 S AGREEMENT This is an Agreement made and entered into this 23rd day of December, 2009 between and among Woodlands of Morton Grove Condominium Association, an Illinois not-for-profit corporation (the "Association"), Village of Morton Grove, an Illinois Municipal Corporation (the "Village"), and Woodlands of Morton Grove, LLC, an Illinois limited liability company (the "Developer"). RECITALS WHEREAS,the Developer is the beneficial owner of a land trust that owns a parcel of land commonly known as the "Woodlands Triangle", which is legally described on Exhibit "A" attached hereto. WHEREAS, the Woodlands Triangle is currently designated as a condominium unit in the Woodlands of Morton Grove Condominium(namely, the "Senior Living Unit") and is assigned a percentage of ownership of the common elements of .00306710%. WHEREAS, the Developer has agreed to sell the Woodlands Triangle to the Village as non-condominium property that is free and clear of the provisions of the Declaration and the provisions of the Illinois Condominium Property Act ("ICPA"), and the Village has agreed to purchase the Woodlands Triangle from the Developer on that basis, for a price of$250,000 pursuant to a Real Estate Sale Contract dated December 23, 2009 (the "Real Estate Contract"). WHEREAS, the Association previously filed two lawsuits against the Developer(the "Association Lawsuits") alleging damages in connection with the construction, development and sale of units in the Woodlands of Morton Grove Condominium and the alleged failure of the Developer and/or its affiliates to pay condominium association dues in connection with units owned by the Developer and/or its affiliates. WHEREAS, the Developer and the Association have entered into a settlement agreement regarding the Association Lawsuits (the "Settlement Agreement") that contemplates, among other things, that the Developer will use its best efforts to sell the Woodlands Triangle to the Village and that proceeds of such sale shall be deposited into that Deed and Money Escrow attached hereto as Exhibit "C" of which the Developer, the Village and the Association will be parties, and paid directly to the Association. WHEREAS, the Second Amended and Restated Declaration of Condominium Ownership And Of Easements, Restrictions, Covenants, And By-Laws For The Woodlands Of Morton Grove Condominium Association (the "Declaration) was recorded with the Cook County Recorder Of Deeds as document number 0505434036 and provides that: "Notwithstanding the foregoing or any other provisions hereof to the contrary and upon recording of a deed to the Village conveying the Woodlands Triangle, such parcel shall be excluded from the Condominium Parcel and no longer be governed by the Act or this Declaration." (Declaration, section 2(b)). WHEREAS, notwithstanding Section 2(e) of the Declaration, the Village has required, as a condition precedent to its obligation to close on the purchase of the Woodlands Triangle, that the Association enter into and perform the Association's obligations under this Agreement. WHEREAS, the Village has required, as a condition precedent to its obligation to close on the purchase of the Woodlands Triangle pursuant to the Real Estate Contract that the Association and the Developer enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing premises, the mutual promises of the parties, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by all parties, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are hereby incorporated herein by reference and made a part hereof. 2. Agreements of the Association. a. In order to facilitate the Association's execution and delivery of the Amendment to Declaration, the Association will, on or before December 28, 2009, 2009, cause its attorneys to file the Petition attached hereto as Exhibit A with the Circuit Court of Cook County, and thereafter promptly and diligently take all actions necessary to secure the relief sought in the Petition as quickly as possible. b. In order to facilitate the Developer's sale of the Woodlands Triangle to the Village, the Association will, on or before December 28, 2009, execute and record with the Cook County Recorder of Deeds an amendment to the Declaration substantially in the form attached hereto as Exhibit B (the "Amendment to Declaration)that(1) confirms the removal of the Woodlands Triangle from the Declaration and from the provisions of the ICPA, and (2) reallocates the percentage ownership interest allocated to the Woodlands Triangle to other units in the Woodlands Of Morton Grove Condominium. c. In order to induce the Association to proceed with the purchase of the Woodlands Triangle,the Association represents and warrants that the Woodlands Parcel (once purchased by the Village) (1) will not be subject to the provisions of the Declaration or the ICPA, or(2) will not be subject to claims for condominium common expense assessments for any period prior to the Village's purchase of the Woodlands Parcel. d. In order to induce the Association to proceed with the purchase of the Woodlands Triangle, the Association will indemnify, defend and hold harmless the Village and its officers and trustees, from and against all loss, cost, damage or expense, 2 including but not limited to court costs, litigation expenses and attorneys' fees (collectively, "Losses")that the Village may suffer or incur as a result of or relating to any lawsuit, claim or proceeding of any nature that asserts, directly or indirectly, (1) that the Woodlands Triangle is subject to the provisions of the Declaration or the ICPA, or (2)that the Woodlands Triangle is subject to claims for condominium common expense assessments for any period prior to the Village's purchase of the Woodlands Parcel. 3. Agreements of the Developer a. Notwithstanding any provision contained in the Real Estate Contract, the Developer agrees that it shall be a condition precedent to Village's obligation to close on its purchase of the Woodlands Parcel that (1) all parties shall have executed and delivered this Agreement, and (2) the Association shall have executed and recorded the Amendment to Declaration. b. The Developer shall cause its attorneys to support the Petition and all efforts of the Association to secure the relief sought in the Petition. c. Subject to the provisions of this Agreement and the provisions of the Real Estate Contract, the Developer will sell the Woodlands Triangle to the Village and cause the proceeds of such sale to be deposited into a joint order escrow and eventually paid to the Association. 4. Agreements of the Village a. Subject to the provisions of this Agreement and the provisions of the Real Estate Contract, the Village will purchase the Woodlands Triangle from the Developer. 5. Reliance. The Association understands, acknowledges and agrees that the Village will rely on the representations and agreements made by the Association in this Agreement. 6. Authority; Binding. Each party hereto represents and warrants (a)that it has all requisite power, authority and capacity to execute, deliver and perform its obligations under this Agreement, (b)that the execution, delivery and performance of this Agreement has been and is duly authorized by all necessary corporate action, and(c) that this Agreement is a legal, valid and binding agreement, enforceable in accordance with its terms. 7. Amendments; . This Agreement may be amended, supplemented or modified, and any provision hereof may be waived, only by written instrument making specific reference to this Agreement signed by the party against whom enforcement is sought. IN WITNESS WHEREOF that undersigned parties have executed and delivered this Agreement as of the date first above written. 3 7. Amendments;. This Agreement may be amended,supplemented or modified,and any provision hereof may be waived,only by written instrument making specific reference to this Agreement signed by the party against whom enforcement is sought. IN WITNESS WHEREOF that undersigned parties have executed and delivered this Agreement as of the date first above written. WOODLANDS OF MORTON GROVE CONDOMINIUM ASSOCIATION By: fi.LsIa // - : ItS: PILO sicleA T VILLAGE OF MORTON GROVE By: Its: WOODLANDS OF MORTON GROVE,LLC By: Its: 4 WOODLANDS OF MORTON GROVE CONDOMINIUM ASSOCIATION By: Its: LAGE OItTON GROVE .4// J>. By: SaL Its: _t e5 SAC WOO Ali MORTON GROVE, LLC By: f«t3�fx�1 "11 1 L L L I C 6T' (Au, f /ndc ) Its: hiI yg Olt;c✓� 11-1 2409 4 Exhibit "A" Legal description Of the Woodlands Triangle 5 EXHIBIT"A" PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114 .62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146. 3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PIN 4:10-20-121-045-1091 Exhibit"B" Amendment To Declaration 6 17TH AMENDMENT TO THE SECOND AMENDED AND RESTAILD DECLARATION OF CONDOMINIUM OWNERSHIP AND OF EASEMENTS, RESTRICTIONS, COVENANTS AND BY-LAWS FOR THE WOODLANDS OF MORTON GROVE CONDOMINIUM ASSOCIATION For Use By Recorder's Office Only The recording of this Amendment is authorized by Court Order of the Circuit Court of Cook County, County Department, Law Division pursuant to its ruling in the case Board of Directors for the Woodlands of Morton Grove Condominium Association and the Woodlands of Morton Grove Condominium Association v The Woodlands of Morton Grove LLC,-an Illinois Limited Liability Company et al. No. 08 L 7850. RECITALS WHEREAS, the Woodlands of Morton Grove Condominium Association was established by the gling of a certain Declaration of Condominium Ownership for Lincoln Avenue Condominiums with Cook County Recorder of Deeds as document number 00451023 on June 19, 2000 and has been subject to various amendments from time to time which have added units in additional common elements to the Association, changed the Association's name to Woodlands of Morton Grove Condominium Association and distrbuted various storage units and parking spaces;and WHEREAS the legal description of the property encompassed by this Association is set forth in Exhibit"A"(Condominium Parcel); and WHEREAS in furtherance of litigation instituted by the Condominium Association against the Developer, Woodlands of Morton Grove LLC, a settlement agreement was reached whereby one of the units in the Association, 'Woodlands Triangle", would be sold by its owner, Woodlands of Morton Grove LLC to the Village of Morton Grove to be used for transportation EXHIBIT 0 n _ CMD363e010316738.1 improvements;and WHEREAS the sale of the aforesaid unit was authorized by the Second Amended and Restated Declaration of Condominium Ownership and of Easements, Restrictions, Covenants and By-Laws for the Woodlands of Morton Grove Condominium Association recorded with the Cook County Recorder of Deeds as document number 0505434036 on February 23, 2005 wherein it provided: "As part of, or in connection with, the 2003 PUD Amendment, the Wage required the dedication and conveyance to the Village of the portion of the property legally described in Exhibit G attached hereto which constitute part of the Senior Living Parcel and is roughly triangular in shape (The 'Woodlands Triangle"), to be used for roadway purposes. Upon conveyance of the Woodlands Triangle to the Village, it will longer be considered part of the condominium parcel and shall no longer be subject to the act are governed by this Declaration in any way." The legal description of the'Woodlands Triangle"is attached hereto as Exhibit"B"; and WHEREAS, prior to the removal of the 'Woodlands Triangle" from the Association, the percentage of ownership interest in the common elements allocated to each unit was in the amount set forth in Exhibit"C"; and WHEREAS, The removal of the'Woodlands Triangle" results in a revision of the percentage of ownership interest in the common elements assigned to the remaining units in the Association; and WHEREAS subsequent to the removal of the 'Woodlands Triangle" from the Association, the percentage of ownership interest in the common elements allocated to each unit is modified as reflected in Exhibit"D"; and WHEREAS subsequent to the removal of the 'Woodlands Triangle" from the Association, the Condominium Plat of Survey is modified to reflect the removal of the aforesaid unit as set forth in Exhibit"E";and WHEREAS the Order of the Circuit Court of Cook County, County Department, Law Division authorizing the recordation of this Amendment pursuant to Section 27 (b) of the Illinois Condominium Property Act,765 ILCS 605t27(b)is attached as Exhibit"F". NOW THEREFORE, for the purposes set forth above, upon recordation of this Amendment the Second Amended and Restated Declaration of Condominium Ownership and of Easements, Restrictions, Covenants and By-Laws for the Woodlands of Morton Grove Condominium Association is hereby amended as follows: 1. The 'Woodlands Triangle"as more specifically described in Exhibit"B" is removed from the Condominium Parcel and shall no longer be subject to the Condominium Property Act or governed by this Declaration in any way. 2. The Condominium Plat of Survey is revised to reflect the removal of the 'Woodlands Triangle" as described in Exhbit "B", said amended Condominium Ptat of Survey being attached as Exhbit"E". 3. The percentage of ownership interest in the common elements assigned to each unit $' reflected in UNA"C" is deleted and replaced with the revised percentage of ownership interest in the common elements as reflected in Exhibit"D". 4. Except as modified, altered and amended by this amendment, The Second Amended and Restated Declaration of Condominium Ownership and of Easements, Restrictions, Covenants and By-Laws for the Woodlands of Morton Grove Condominium Association and all amendments thereto shall continue in full force and effect. END OF TEXT OF AMENDMENT PRESIDENTS SIGNATURE PAGE STATE OF ILLINOIS ) )SS COUNTY OF COOK I, Harvey Silverman, and the President of the Board of managers of the Woodlands of Morton Grove Condominium Association, an Illinois Condominium established by the efforts the Declaration,and by my signature below do hereby execute the foregoing Amendment to the Declaration pursuant to Section 17 of the Illinois Condominium Property Act. EXECUTED this day of 2009 BY: President AFFIDAVIT OF NOTICE TO LIEN HOLDERS OF RECORD STATE OF ILLINOIS )SS COUNTY OF COOK ) I, , being first duly swum on oath,deposes and state that I am the Secretary of the Board of Managers of the Woodlands of Morton Grove Condominium Association, an Illinois Condominium,and that pursuant to Paragraph 21,written notice of the foregoing Amendment has been sent by certified mail to all ken holders of record against any unit in the condominium Association. Secretary SUBSCRIBED AND SWORN to before me this day of ,2009 Notary Public • EXHIBIT A • LEGAL DESCRIPTION Legal description of the Condominium Parcel Parcel Formerly Known as Le"Senior Living Parcel"or"Senior Living Unit" That part of the West Half of the Northwest Quarter of Section 20,Township 41 North,Range 13 East of the Third Principal Meridian,in Niles Township,Cool•County,Illinois,described as follows: Commencing at the Northeast corner of the Northwest Quarter of the Southwest Quarter of said Section 20;Thence South 00°11'31"East,along the East line of the West Half of said Southwest Quarter,493.66 feet, to the South line of the North Half of the South Half of the North Half of the North Half of said Southwest Quarter; Thence South 88°48'59"West, along said South line, 539.37 feet to the Easterly line of the Chicago—Milwaukee—St Paul and Pacific Company Railroad; Thence North 22°20'02"West, along said Easterly line, 954.37 feet for the Point of Beginning; Thence North 67°40'11" East, 280.34 feet; Thence North 22°43'38" West, 153.58 feet; Thence North 13°00'30" West, 138.75 feet; Thence North 22°19'49" West, 23.00 feet; Thence North 67°40'11" East, 37.78 feet; Thence North 18°33'15" East, 18.41 feet to the Southerly Right-of-Way of Lincoln Avenue;Thence North 69°17'16"West along said Southerly line,372.57 feet; Thence North 66°07'45" West along said Southerly line, 1I4.62 feet to the said Easterly line of the Chicago —Milwaukee — St Paul and Pacific Company Railroad; Thence South 22°20'02"East, along said Easterly line,664.45 feet to the Point of Beginning. Containing 3.503 Acres a. The foregoing"Senior Living Parcel"or"Senior Living Unit"is also now know as Parcels 0,P,Q,R,S, and the Woodlands Triangle,as follows: • PARULL"0" Part of the West Half of the Northwest quarter of Section 20, Township 41 North, Range 13 East of the Third Principal Meridian, in the Village of Morton Grove,Cook County,Illinois,described as follows: • Commencing at the Northeast corner of the Northwest quarter of the Southwest quarter of said Section 20; Thence South 00°11'31"East along the East line of the West half of said Southwest quarter,493.66 feet to the South line of the North half of the South half of the North half of the North half of said Southwest quarter;Thence South 88°48'59"West along said South line, 539.37 feet to the Easterly line of Chicago—Milwaukee—St Paul &Pacific Company Railroad; Thence North 22°20' 02"West along said Easterly line, 1618.82 feet to the Southerly Right of Way of Lincoln Avenue; Thence South 66°07' 45"East along said Southerly line, 114.62 feet; Thence South 69° 17' 16"East along said Southerly line, 228.32 feet for the Point of Beginning; Thence South 20° 42' 44" West, 100.84 feet;Thence North 69° 17' 16"West, 242.68 feet to said Easterly line of Chicago —Milwaukee —St Paul &Pacific Company Railroad; Thence North 67° 39' 58" East, 79.48 feet Thence North 60° 06' 25" East, 60.29 feet to said Southerly Right of way of Lincoln Avenue; Thence South 69° 17' 16' East along said Southerly Line, 14634 feet to the Point of beginning. Containing 0.443 Acres,More or Less. EXHIBIT 1 . • 3. ea z 8 § ) . ) %«!f\� 23 ~la� t . � , - ® l2 = .! 2 } • A- o } °"(}2 ) 9. | !. y. $ , l �7�;2!m R w ° R.� , ! $ °! / \ ® r \/ ! . %f ! g }| i - .- ! #\ §|§la.nf_ • S' S, .... " % I!} 1. ° a,. - : )�_/f i m ) - » � ~ 1� '-®9\ ' � ¥ b! j\%§ 66- | R. -! ){fam , - 9 _ } 4 / �q/ m LIR • M } \ � 22 G �413© �w)" i \ i ) i V w-2°**G , e = _ ® i}r g '|If!©f z / / \/6\=gam! \\\ \}G- 42 : - EXHIBIT } � ` J/� ld-Aman £ OWNERSHIP PERCENTAGES PRIOR TO SALE OF TRIANGLE PARCEL - used for 2009 budget •st[' �� v �Z,,r� ;r te �5, C C- 102 8440 1 0.210240% C C-103 8440 1 0.299340% C C- 104 8440 1 0.200750% C C- 105 8440 1 0.248950% C C- 106 8440 1 0.248950% C C- 107 8440 1 0.244570% C C- 108 8440 1 0.206590% C C- 109 8440 1 0.214630% C C- 110 8440 1 0.197100% C C- 111 8440 1 0.299340% C C- 112 8440 1 0.252600% C C-201 8440 1 0.192720% C C-202 8440 1 0.210970% C C-203 8440 1 0.215360% C C-204 8440 1 0.201480% C C-205 8440 1 0.249680% C C-206 8440 1 0.249680% C C-207 8440 1 0.281810% C C-208 8440 1 0.207320% C C-209 8440 1 0.215360% { C C-210 8440 1 0.197830% Il C C-211 8440 1 0.300070% C C-212 8440 1 0.253330% • C C-301 8440 1 0.194180% C C-302 8440 1 0.211700% C C-303 8440 1 0.216820% C C-304 8440 1 0.202210% C G-305 8440 1 0250410% C C-306 8440 1 0250410% C C-307 8440 1 0.283270% C C-308 8440 1 0.208050% C C-309 8440 1 0.216090% C C-310 8440 1 0.198560% C G- 311 8440 1 0.300790% C C-312 8440 1 0.254060% C C-401 8440 1 0.194910% C C-402 8440 1 0.212440% C C-403 8440 1 0.217550% • C C-404 8440 1 0.202940% C C-405 8440 1 0.251140% I C C-406 8440 1 0.251140% C C-407 8440 1 0.284000% C C-408 8440 1 0.208780% C C-409 8440 1 0.216820% C C-410 8440 1 0.199290% C C-411 8440 1 0.301520% C C-412 8440 1 0.254790% C C-501 8440 1 0.195640% C C-502 8440 1 0.213170% ^ E (� C C-503 8440 1 0.218280% C C-504 8440 1 0.203670% C C-505 8440 1 0.251870% C C-506 8440 1 0.251870% C C-507 8440 1 0284730% C C-508 8440 1 0.209510% C C-509 8440 1 0.217550% C C-510 8440 1 0.200020% C C-511 8440 1 0.302250% C C-512 8440 1 0.255520% C C-601 8440 1 0.198560% C C-602 8440 1 0.216090% C C-603 8440 1 0.221200% C C-604 8440 1 0.206590% C C-605 8440 1 0.254790% C C-606 8440 1 0.254790% C C-607 8440 1 0.287650% C C-608 8440 1 0.212440% C C-609 8440 1 0.220470% C C-610 8440 1 0.202940% C C-611 8440 1 0.305170% C C-612 8440 1 0.258440% D D- 101 8400 1 0.208053% D D- 102 8400 1 0.215356% D D- 103 8400 1 0.248948% D D- 104 8400 1 0.206593% { D D- 105 8400 1 0.197099% D D- 106 8400 1 0.214626% D D- 107 8400 1 0.288383% D D- 108 8400 1 0.194178% D D- 109 8400 1 0.248948% D D- 110 8400 1 0.248948% D D- 111 8400 1 0.215356% D D- 112 8400 1 0.214626% D D-114 8400 1 0.248948% D D-115 8400 1 0.248948% D D-201 8400 1 0.208784% D D-202 8400 1 0.282541% D D-203 8400 1 0.249679% D D-204 8400 1 0.207323% D D-205 8400 1 0.197830% D D-206 8400 1 0.215356% D D-207 8400 1 0.289113% D D-208 8400 1 0.194909% • D D-209 8400 1 0.249679% D D-210 8400 1 0.249679% D D-211 8400 1 0.282541% D D-212 8400 1 0.215356% D D-214 8400 1 0.249679% D D-215 8400 1 0.249679% D D-301 MOO 1 0.209514% D D-302 8400 1 0.283271% D D-303 8400 1 0.250409% D D-304 8400 1 0.208053% D D-305 8400 1 0.198560% D 0-306 8400 1 0.216086% D D-307 8400 1 0.289843% D D-308 8400 1 0.195639% D D-309 8400 1 0.250409% D D-310 8400 1 0.250409% D D-311 8400 1 0.283271% O D-312 MOO 1 0.216086% { D D-314 8400 1 0.250409% I D D-315 8400 1 0.250409% D D-401 8400 1 0.210244% D D-402 8400 1 0.284001% • D D-403 8400 1 0.251139% D D-404 8400 1 0.208784% D D-405 8400 1 0.199290% D D-406 8400 1 0.216817% D D-407 8400 1 0.290574% D D-408 8400 1 0.196369% D D-409 8400 1 0.251139% D D-410 8400 1 0.251139% D D-411 8400 1 0.284001% D D-412 8400 1 0.216817% D D-414 8400 1 0.251139% D D-415 8400 1 0.251139% D D-501 8400 1 0.428522% D D-502 8400 1 0.284732% D D-503 8400 1 0.251869% D D-504 8400 1 0.209514% D D-505 8400 1 0.200020% D D-506 8400 1 0.217547% D D-507 MOO 1 0.291304% D D-508 8400 1 0.197099% D D-509 8400 1 0251869% D D-510 8400 1 0.251869% D D-511 8400 1 0.284732% D D-515 8400 1 0.503740% D D-601 8400 1 0.213896% D D-602 8400 1 0.287653% D D-603 8400 1 0.254791% D D-604 8400 1 0.212435% D D-605 8400 1 0.202942% D D-606 8400 1 0.220468% D D-607 8400 1 0.294224% D D-608 8400 1 0.200020% • D D-609 MOO 1 0.254791% D D-610 8400 1 0.254791% D D-611 8400 1 0287653% D D-612 8400 1 0.220468% • D D-614 8400 1 0.254791% D D-615 8400 1 0.254791% E E-101 8340 1 0.208053% E E-102 8340 1 0.215356% E E-103 8340 1 0.248948% E E- 104 8340 1 0.206593% E E- 105 8340 1 0.197099% E E-106 8340 1 0.214626% E E- 107 8340 1 0.288383% E E-108 8340 1 0.197099% E E-109 8340 1 0.248948% E E-110 8340 1 0.248948% E E- 111 8340 1 0.215356% E E- 112 8340 1 0.204402% E E-114 8340 1 0.248948% E E-115 8340 1 0.248948% E E-201 8340 1 0.208784% E E-202 8340 1 0.282541% • E E-203 8340 1 0.249679% E E-204 8340 1 0.207323% E E-205 8340 1 0.197830% E E-206 8340 1 0.215356% E E-207 8340 1 0.289113% E E-208 8340 1 0.197830% E E-209 8340 1 0.249679% E E-210 8340 1 0.249679% E E-211 8340 1 0.282541% E E-212 8340 1 0.205132% 1 E E-214 8340 1 0.249679% E E-215 8340 1 0.249679% E E-301 8340 1 0.209514% E E-302 8340 1 0283271% E E- 303 8340 1 0.250409% • E E-304 8340 1 0.208053% E E-305 8340 1 0.198560% E E-306 8340 1 0.216086% t E E-307 8340 1 0.289843% E E-308 8340 1 0.198560% E E-309 8340 1 0.250409% E E-310 8340 1 0.250409% E E-311 8340 1 0.283271% I E E-312 8340 1 0.205863% E E-314 8340 1 0.250409% E E-315 8340 1 0.250409% E E-401 8340 1 0.210244% E E-402 8340 1 0284001% E E-403 8340 1 0.251139% • • E E-404 8340 1 0.208784% E E-405 8340 1 0.199290% E E-406 8340 1 0.216817% E E-407 8340 1 0.290574% E E-408 8340 1 0.199290% E E-409 8340 1 0.251139% i E E-410 8340 1 0.251139% E E-411 8340 1 0284001% E E-412 8340 1 0.206593% E E-414 8340 1 0251139% E E-415 8340 1 0251139% E E-501 8340 1 0.210974% E E- 502 8340 1 0.284732% E E-503 8340 1 0.251869% E E-504 8340 1 0.209514% E E-505 8340 1 0.200020% E E-506 8340 1 0217547% E E-507 8340 1 0.291304% E E-508 8340 1 0.200020% E E-509 8340 1 0.251869% E E-510 8340 1 0.251869% E E-511 8340 1 0.284732% E E-512 8340 1 0.207323% E E-514 8340 1 0.251869% E E-515 8340 1 0.251869% E E-601 8340 1 0.213896% E E-602 8340 1 0287653% E E-603 8340 1 0.254791% E E-604 8340 1 0.212435% E E-605 8340 1 0.202942% 1 E E-606 8340 1 0.220468% E E-607 8340 1 0294225% E E-608 8340 1 0.202942% E E-609 8340 1 0.254791% • E E-610 8340 1 0.254791% E E-611 8340 1 0.287653% E E -612 8340 1 0.210244% E E-614 8340 1 0.254791% E E-615 8340 1 0.254791% F F -102 8300 1 0.206593% F F- 103 8300 1 0.299337% F F -104 8300 1 0.210244% F F -105 8300 1 0.248948% F F-106 8300 1 0.200751% F F- 107 8300 1 0.248948% F F-106 8300 • 1 0.248946% F F- 109 8300 1 0.244567% F F-110 8300 1 0.210244% F F- 111 8300 1 0.214626% F F _ 112 8300 1 0.197099% F F - 114 8300 1 0.252600% F F - 115 8300 1 0299337% F F -201 8300 1 0.192718% F F -202 8300 1 0.207323% F F-203 8300 1 0.215356% F F -204 8300 1 0.210974% F F-205 8300 1 0.249679% F F-206 8300 1 0.201481% F F-207 8300 1 0.249679% F F-208 8300 1 0.246027% F F -209 8300 1 0.281810% F F-210 8300 1 0.210974% F F-211 8300 1 1215356% F F-212 8300 1 0.194909% F F-214 8300 1 0.259902% • F F-215 8300 1 0.296416% F F-301 8300 1 0.194178% F F-302 8300 1 0.208053% F F-303 8300 1 0.216817% F F -304 8300 1 0.211705% F F-305 8300 1 0250409% F F-306 8300 1 0.202211% F F-307 8300 1 0.250409% F F-308 8300 1 0.246758% F F-309 8300 1 0.275968% F F -310 8300 1 0.211705% F F-311 8300 1 0.216088% F F-312 8300 1 0.195639% F F-314 8300 1 0.260633% F F-315 8300 1 0.297146% F F-401 8300 1 0.194909% F F-402 8300 1 0.208784% F F-403 8300 1 0.217547% F F-404 8300 1 0.212435% F F-405 8300 1 0.251139% F F-406 8300 1 0.202942% F F-407 8300 1 0.251139% F F-408 8300 1 0.247488% F F-409 8300 1 0.276699% F F-410 8300 1 0.212435% F F-411 8300 1 0.216817% F F-412 8300 1 0.196369% F F-414 8300 1 0.261363% F F-415 8300 1 0.297876% F F-501 8300 1 0.195639% F F-502 8300 1 0.209514% F F -503 8300 1 0.218277% F F-504 8300 1 0.213165% F F-505 8300 1 0.251869% F F-506 8300 1 0.203672% F F-507 8300 1 0.251869% F F-508 8300 1 0.248218% F F-509 8300 1 0.277429% F F-510 8300 1 0.213165% 1 F F-511 8300 1 0.217547% F F-512 8300 1 0.197099% F F-514 8300 1 0.262093% F F-515 8300 1 0.298607% F F-601 8300 1 0.198560% F F-602 8300 1 0.212435% F F-603 8300 1 0.221198% F F-604 8300 1 0.216086% F F-605 8300 1 0.254791% F F-606 8300 1 0.206593% F F-607 8300 1 0.254791% F F-608 8300 1 0.251139% F F-609 8300 1 0.280350% F F-610 8300 1 0.216086% F F-611 8300 1 0.220468% F F-612 8300 1 0.200020% F F-614 8300 1 0.265014% F F-615 8300 1 0.301528% THV 1 - 1A 6273 1 0.299337% THV 1 -28 6275 1 0.302258% THV 1 -3C 6271 1 0.321245% THV 2- 1 6269 1 0.308100% THV 2-2 6267 1 0.289113% THV 2-3 6265 1 0.296416% THV 2-4 6263 1 0.296416% THV 2-5 6261 1 0.289113% THV 2-6 6259 1 0.321245% THV 3-1 6257 1 0.308100% THV 3-2 6255 1 0.314673% THV 3-3 6253 1 0.296416% THV 3-4 6251 1 0.296416% THV 3-5 6249 1 0.314673% THV 3-6 6247 1 0.308100% THV 4-1A 204 1 0.299337% THV 4-2B 202 1 0.302258% THV 4-3C 206 1 0.321245% THV 58-1 A 104 1 0.299337% THV 5S-2B 102 1 0.302258% THV 5S-3C 106 1 0.321245% THV 5N-1A 110 1 0.299337% THV 5N-2B 112 1 0.302258% THV 5N-3C 18 1 0.321245% THV 6-1 8421 1 0.321245% THV 6-2 8425 1 0.314673% • THV 6-3 8429 1 0.308100% THV 7-1 8433 1 0308100% THV 7-2 8437 1 0.289113% THV 7-3 8441 1 0.296416% THV 7-4 8445 1 0.296416% THV 7-5 8449 ' 1 0289113% THV 7-6 8453 1 0.308100% THV 8- 1 8455 1 0.308100% THV 8-2 8457 1 0.314673% THV 8-3 8459 1 0.296416% • THV 8-4 8461 1 0296416% THV 8-5 8463 1 0.314673% THV 8-6 8465 1 0.308100% THV 9-1 8467 1 0.308100% THV 9-2 8475 1 0.314673% THV 9-3 8471 1 0.296416% THV 9-4 8473 1 0.296416% THV 9-5 8469 1 0.289113% THV 9-6 8477 1 0.308100% THV 10- 1 402 1 0.308100% THV 10-2 404 1 0.314673% THV 10-3 406 1 0.296416% THV 11 -1 302 1 0.308100% THV 11 -2 304 1 0.289113% THV 11 -3 306 1 0.296416% THV 11 -4 308 1 0.296416% THV 11 -5 310 1 0314673% THV 11 -6 312 1 0.308100% THV 12- 1 6325 1 0.308100% THV 12-2 6323 1 0.289113% • • THV 12-3 6321 1 0.296416% THV 12-4 6319 1 0.296416% THV 12-5 6317 1 0.289113% THV 12-6 6315 1 0.308100% • THV 13-1 6313 1 0.308100% 1 TI-N 13-2 6311 1 0.289113% 4. THV 13-3 6309 1 0.296416% THV 13-4 6307 1 0.296416% THV 13-5 6305 1 0.289113% THV 13-6 6303 1 0.308100% THV 14-1 602 1 0.308100% THV 14-2 604 1 0.314673% THV 14-3 606 1 0.296416% • THV 14-4 608 1 0.296416% • THV 14-5 610 1 0.289113% THV 14-6 612 1 0.308100% THV 15-1 502 1 0.308100% THV 15-2 504 1 0.314673% THV 15-3 506 1 0.296416% THV 15-4 508 1 0.296416% THV 15-5 510 1 0.314673% THV 15-6 512 1 0.308100% Triangle special alloc. 0 0.306710% 100.000000% . , REVISED OWNERSHIP PERCENTAGES DUE TO SALE OF TRIANGLE PARCEL-eff. for 2010 budget --:tarWf.,i- 2%Rir7i ;--- -4-T: VW*..1%14011-4-4:-Als,'-,4,417 1;,:-_,::; ...,-;:.-- ,.,,mag,:p., .• C 0-102 8440 -1 0.210887% C C-103 8440 1 0.300261% C C-104 8440 1 0201368% C C-105 8440 1 0249716% C C-106 8440 1 0249716% C C-107 8440 1 0245322% C C-108 8440 1 0207226% C C-109 8440 1 0.215290% C C-110 8440 1 0.197706% C C-111 8440 1 0.300261% C C-112 8440 1 0.253377% C C-201 8440 1 0.193313% C C-202 8440 1 0211619% C C-203 8440 1 0.216023% C C-204 8440 1 0202100% C C-205 8440 1 0.250448% C C-206 8440 1 0250448% C C-207 8440 1 0.282677% C C-208 8440 1 0.207958% C C-209 8440 1 0216023% C C-210 8440 1 0.198439% C C-211 8440 1 0.300993% C C-212 8440 1 0.254109% C C-301 8440 1 0.194777% C C-302 8440 1 0.212351% C C-303 8440 1 0.217487% C C-304 8440 1 0.202832% C C-305 8440 1 0.251180% C C-306 8440 1 0.251180% C C-307 8440 1 0.284141% C C-308 8440 1 0208690% C C-309 8440 1 0.216755% C C-310 8440 1 0.199171% C C-311 8440 1 0.301715% C C-312 8440 1 0.254842% C C-401 8440 1 0.195510% C C-402 8440 1 0213094% C C-403 8440 1 0.218219% C C-404 8440 1 0.203564% C C-405 8440 1 0.251913% C C-406 8440 1 0251913% C C-407 8440 1 0.284874% C C-408 8440 1 0.209422% C C-40g 8440 1 0.217487% C C-410 8440 1 0.199903% C C-411 8440 1 0.302448% C C-412 8440 1 0.255574% C C.-501 8440 1 0.196242% C C-502 6440 1 0.213826% C C-503 8440 1 0.218952% C C-504 8440 1 0.204297% _. ^ .... C-505 8440 1 0.252645% C C-506 8440 1 0.252645% C C-507 8440 1 0.285606% EXHIBIT In-- ArnEwnotgej- C C-508 8440 1 0.210155% C C-509 8440 1 0218219% C C-510 8440 1 0.200635% C C-511 8440 1 0.303180% C C-512 8440 1 0.256306% C C-601 8440 1 0.199171% C C-602 8440 1 0216755% C C-603 8440 1 0.221881% C C-604 8440 1 0.207226% C C-605 8440 1 0.255574% j C C-606 8440 1 0.255574% C C-607 8440 1 0288535% C C-608 8440 1 0.213094% C C-609 8440 1 0.221148% C C-610 8440 1 0203564% C C-611 8440 1 0.306109% C C-612 8440 1 0.259235% D D-101 8400 1 0208693% D 0-102 MOO 1 0216019% D D-103 8400 1 0.249714% D D-104 8400 1 0.207229% D D-105 8400 1 0.197705% D D-106 8400 1 0.215286% D D-107 MOO 1 0.289270% D D-108 8400 1 0.194775% D D-109 MOO 1 0.249714% D D-110 8400 1 0.249714% D D-111 MOO 1 0.216019% D D-112 8400 1 0.215286% 1 D D-114 8400 1 0249714% D D-115 8400 1 0.249714% D D-201 8400 1 0.209426% D D-202 8400 1 0.283410% D D-203 8400 1 0.250447% 1 D D-204 8400 1 0.207961% D D-205 8400 1 0.198439% D D-206 8400 1 0.216019% D D-207 8400 1 0.290002% D D-208 8400 1 0.195509% D D-209 8400 1 0.250447% D D-210 8400 1 0.250447% D D-211 8400 1 0.283410% D D-212 8400 1 0.216019% • D D-214 8400 1 0.250447% D D-215 8400 1 0.250447% D D-301 8400 1 0.210159% D D-302 8400 1 0.284142% D D-303 8400 1 0.251179% D D-304 8400 1 0.208693% D D-305 8400 1 0.199171% D D-306 8400 1 0.216751% D D-307 8400 1 0.290735% D D-308 8400 1 0.196241% D D-309 8400 1 0.251179% D D-310 8400 1 0.251179% D D-311 8400 1 0.284142% D D-312 8400 1 0.216751% _ D D-314 8400 . 1 0.251179% D D-315 8400 1 0251179% D D-401 8400 1 0.210891% D 0-402 8400 1 0284875% D D-403 8400 1 0.251912% D D-404 8400 1 - 0.209426% D D-405 8400 1 0.199903% D D-406 MOO 1 0.217484% D D-407 8400 1 0.291468% D D-408 MOO 1 0.196973% D D-409 8400 1 0.251912% D D-410 MOO 1 0.251912% D D-411 MOO 1 0.284875% D D-412 8400 1 0.217484% D D-414 8400 1 0251912% D D-415 8400 1 0.251912% D D-501 MOO 1 0.429840% D D-502 8400 1 0.285608% D D-503 MOO 1 0.252644% D D-504 8400 1 0.210159% D D-505 8400 1 0.200635% D D-506 8400 1 0.218216% D D-507 8400 1 0.292200% D D-508 8400 1 0.197705% D D-509 8400 1 0252644% D D-510 8400 1 0.252644% D D-511 8400 1 0.285608% D D-515 MOO 1 0.505290% O D-601 MOO 1 0.214554% D D-602 8400 1 0.288538% D D-603 8400 1 0.255575% D D-604 8400 1 0213089% D D-605 MOO 1 0.203566% D D-606 8400 1 0.221146% D D-607 MOO 1 0.295129% J D D-608 8400 1 0.200635% D D-609 8400 1 0255575% D D-610 8400 1 0.255575% D D-611 8400 1 0288538% D D-612 MOO 1 0.221146% D D-614 MOO 1 0255575% . D D-615 MOO 1 0.255575% E E-101 8340 1 0208693% E E- 102 8340 1 0216019% E -E-103 8340 1 0.249714% E E-104 8340 1 0.207229% E E- 105 8340 1 0.197705% E E-106 8340 1 0.215286% E E-107 8340 1 0289270% E E-108 8340 1 0.197705% E E-109 8340 1 0.249714% E E-110 8340 1 0.249714% E E-111 8340 1 0.216019% E E-112 8340 1 0205031% E E-114 8340 1 0249714% E E- 115 8340 1 0.249714% E E-201 8340 1 0.209426% E E-202 8340 1 0.283410% E E-203 8340 1 0.250447% E E-204 8340 1 0.207961% _ E E-205 8340 . 1 0.198439% E E-206 8340 1 0.216019% E E-207 8340 1 0.290002% E E-208 8340 1 0.198439% E E-209 8340 1 0250447% E E-210 8340 1 0.250447% E E-211 8340 1 0.283410% E E-212 8340 1 0.205763% E E-214 8340 1 0250447% { E E-215 8340 1 0.250447% E E-301 8340 1 0210159% E E-302 8340 1 0284142% E E-303 8340 1 0251179% E E-304 8340 1 0.208693% E E-305 8340 1 0.199171% E E-306 8340 1 0.216751% E E-307 8340 1 0.290735% E E-308 8340 1 0.199171% E E-309 8340 1 0.251179% E E-310 8340 1 0251179% E E-311 8340 1 0.284142% E E-312 8340 1 0.206496% E E-314 8340 1 0.251179% E E-315 8340 1 0251179% E E-401 8340 1 0.210891% E E-402 8340 1 0.284875% E E-403 8340 1 0.251912% E E-404 8340 1 0.209426% - E E-405 8340 1 0.199903% E E-406 8340 1 0217484% E E-407 6340 1 0291468% E E-408 8340 1 0.199903% j E E-409 6340 1 0.251912% E E-410 8340 1 0.251912% E E-411 8340 1 0284875% E E-412 8340 1 0207229% E E-414 8340 1 0251912% 1 1 E E-415 8340 1 0.251912% I E E-501 8340 1 0.211623% 1 E E-502 8340 1 0.285608% E E-503 8340 1 0.252644% E E-504 8340 1 0.210159% E E-505 8340 1 0.200635% _ E E-506 8340 1 0.218216% E E-507 8340 1 0.292200% E E-508 8340 1 0.200635% E E-509 8340 1 0252644% E E-510 8340 1 0.252644% E E-511 8340 1 0.285608% E E-512 8340 1 0.207961% E E-514 8340 1 a252644% E E-515 8340 1 0252644% E E-601 8340 1 0.214554% E E-602 8340 1 0.288538% E E-603 8340 1 0.255575% E E-604 8340 1 0.213089% E E-605 8340 1 0.203566% E E-606 8340 1 0221146% E E-607 8340 1 0.295130% E E-608 8340 1 0.203566% __ E E-609 8340 1 0.255575% E E-610 8340 1 0.255575% E E-611 8340 1 0.288538% E E-612 8340 1 0.210891% E E-614 8340 1 0.255575% E E-615 8340 1 0255575% F F-102 8300 1 0.207229% F F-103 8300 1 0.300258% . F F- 104 8300 1 0.210891% F F- 105 8300 1 0.249714% F F-106 8300 1 0.201369% F F-107 8300 1 0.249714% F F-108 8300 1 0.249714% F F-109 8300 1 0245319% F F-110 8300 1 0210891% F F-111 8300 1 0215286% F F-112 8300 1 0.197705% F F-114 8300 1 0.253377% F F-115 8300 1 0.300258% F F-201 8300 1 0.193311% F F-202 8300 1 0.207961% F F-203 8300 1 0.216019% F F-204 8300 1 0.211623% F F-205 8300 1 0.250447% F F-206 8300 1 0.202101% F F-207 8300 1 0.250447% F F-208 8300 1 0.246784% F F-209 8300 1 0.282677% F F-210 8300 1 0211623% F F-211 8300 1 0.216019% F F-212 8300 1 0.195509% F F-214 8300 1 0.260702% F F-215 8300 1 0.297328% F F-301 8300 1 0.194775% F F-302 8300 1 0.208693% F F-303 8300 1 0.217484% F F-304 8300 1 0.212356% F F-305 8300 1 0251179% F F-306 8300 1 0.202833% F F-307 8300 1 0.251179% F F-308 8300 1 0.247517% F F-309 8300 1 0.276817% F F-310 8300 1 0212356% F F-311 8300 1 0.216751% F F-312 8300 1 0.196241% F F-314 8300 1 0.261435% F F-315 8300 1 0.298060% F F-401 8300 1 0.195509% F F-402 8300 1 0.209426% F F-403 8300 1 0.218216% F F-404 8300 1 0.213089% F F-405 8300 1 0.251912% F F-406 8300 1 0.203566% F F-407 8300 1 0.251912% F F-408 8300 1 0.248249% F F-409 8300 1 0.277550% F F-410 8300 1 0213089% F F-411 8300 1 0-217484% F F-412 8300 1 0.196973% F F-414 8300 1 0.262167% __ F - F-415 8300 1 0298792%F F- 501 8300 1 0.196241% F F-502 8300 1 0210159% F F-503 8300 1 0218949% F F-504 8300 1 0213821% F F-505 8300 1 0.252644% F F-506 8300 1 0.204299% F F-507 8300 1 0.252644% F F-508 8300 1 0.248982% F F-509 8300 1 0.278283% F F-510 8300 1 0213821% F F-511 8300 1 0218216% F F-512 8300 1 0.197705% F F-514 8300 1 0262899% F F-515 8300 1 0.299526% F F-601 8300 1 0.199171% • F F-602 8300 1 0.213089% 1 F F-603 8300 1 0.221879% F F-604 8300 1 0.216751% F F-605 8300 1 0255575% F F-606 8300 1 0.207229% F F-607 8300 1 0.255575% F F-608 8300 1 0.251912% F F-609 8300 1 0.281213% F F-610 8300 1 0216751% F F-611 8300 1 0.221146% F F-612 8300 1 0.200635% F F-614 8300 1 0.265829% F F-615 8300 1 0.302456% THV 1 - 1A 6273 1 0.300258% THV 1 -2B 6275 1 0.303188% THV 1 -3C 6271 1 0.322233% • THV 2-1 6269 1 0.309048% THV 2-2 6267 1 0.290002% THV 2-3 6265 1 0.297328% THV - 2-4 6263 1 0.297328% THV 2-5 6261 1 0.290002% THV 2-6 6259 1 0.377934% THV 3-1 6257 1 0.309048% THV 3-2 6255 1 0.315641% THV 3-3 6253 1 0.297328% THV 3-4 6251 1 0.297328% THV 3-5 6249 1 0.315641% THV 3-6 6247 1 0.309048% THV 4-1A 204 1 0.300258% • THV 4-28 202 1 0.303188% THV 4-3C 206 1 0.322233% THV 58-lA 104 1 0.300258% 1 THV 5S-2B 102 1 0.303188% THV 58-3C 106 1 0.377733% THV 5N-1A 110 1 0.300258% THV 5N-2B 112 1 0.303188% THV 5N-3C 18 1 0.322233% THV 6-1 8421 1 0.322233% THV 6-2 8425 1 0.315641% THV 6-3 8429 1 0.309048% THV 7-1 8433 1 0.309048% THV 7-2 8437 1 0.290002% THV 7-3 8441 1 0.297328% THV 7-4 8445 1 0297328% _ THV 7-5 8449 1 0.290002% THV 7-6 8453 1 0.309048% THV 8- 1 8455 1 0.309048% THV 8-2 8457 1 0.315641% THV 8-3 8459 1 0.297328% THV 8-4 8461 1 0.297328% THV 8-5 8463 1 0.315641% THV 8-6 8465 1 0.309048% THV 9-1 8467 1 0.309048% THV 9-2 8475 1 0.315641% • THV 9-3 8471 1 0.297328% THV 9-4 8473 1 0.297328% • THV 9-5 8469 1 0.290002% THV 9-6 8477 1 0.309048% THV 10-1 402 1 0.309048% THV 10-2 404 1 0.315641% THV 10-3 406 1 0.297328% THV 11 -1 302 1 0.309048% THV 11 -2 304 1 0290002% THV 11 -3 306 1 0297328% THV 11 -4 308 1 0.297328% THY 11 -5 310 1 0.315641% THV 11 -6 312 1 0.309048% THV 12-1 6325 1 0.309046% THV 12-2 6323 1 0.290002% THV 12-3 6321 1 0.297326% THV 12-4 6319 1 0.297328,% NV 12-5 6317 1 0.290002% THV 12-6 6315 1 0.309048% THV 13-1 6313 1 0.309048% THV 13-2 6311 1 0.290002% THV 13-3 6309 1 0.297328% THV 13-4 6307 1 0297328% THV 13-5 6305 1 0290002% THV 13-6 6303 1 0.309048% THV 14-1 602 1 0.309048% THV 14-2 604 1 0.315641% THV 14-3 606 1 0.297328% THV 14-4 608 1 0.297328% THV 14-5 610 1 0.290002% THY 14-6 612 1 0.309048% THV 15-1 502 1 0.309048% THV 15-2 504 1 0.315641% . THV 15-3 506 1 0.297328% • THV 15-4 508 1 0.297328% • THV 15-5 510 1 0.315641% THY 15-6 512 1 0.309048% 100.000000% Exhibit "C" Deed And Money Escrow Agreement 7 ESCROW TRUST AGREEMENT DATED: December 4,2009 SCHEDULED CLOSING DATE: December 28,2009 COMMITMENT NUMBER: 008283081 TO: Chicago Title Insurance Company DEFINITIONS. The following terms shall have the meanings set forth opposite each: A. Association: Woodlands Of Morton Grove Condominium Association B. Association's Attorney: John Bickley,III,Kovitz Shifrin Nesbit,750 Lake Cook Road,Suite 350, Buffalo Grove,IL 60089;847.537-0500(phone) C. Escrow Agreement: This Escrow Trust Agreement.. • B. Permitted Title Exceptions: Real estate taxes for 2009 and subsequent years;acts done or suffered !, by Purchaser;and the following exceptions that appear on Schedule B of the Title Commitment: D, E,F,G and I. C. Purchaser. The Village Of Morton Grove,Illinois,an Illinois Municipal Corporation. D. Purchaser's Attorney: Theresa Hoffman Liston,8720 Ferris Avenue,Morton Grove,Illinois; 847.965.8123. E. Property: Legally described on Exhibit A attached hereto. F. Seller: Parkway Bank&Trust Company,as trustee under trust agreement dated September 12,2003 and known as Trust#13636, c/o The Elliott Group, Inc., 1440 Lee Street, Morton Grove, IL 60053; FEIN#36-4378429. it G. Seller's Attorney: Michael J. Elliott, Elliott & Associates Attorneys, P.C., 1430 Lee Street, Des Plaines,Illinois 60018. Phone 847.368.0328. Fax 847.298.8388. H. Sellers Closing Proceeds: The net amount due Seller as indicated on Seller's Closing Statement which bears the signature of Seller or its attomey. I. Title Commitment: That title insurance commitment issued by Chicago Title Insurance Company bearing an effective date of June 10,2008 identified as file number 1409 008283081. � I H. DEPOSITS. A. Seller's Deposits. Seller does hereby or shall deposit the following with you: 1. Trustee's Deed with Village of Morton Grove exemption stamp affixed. '.. '. 2. Signed Agreement between Woodlands Of Morton Grove Condominium Association, Village Of Morton Grove and Woodlands Of Morton Grove, LLC (the "3 Party Agreement"). 3. Signed Contract For The Purchase Of Vacant Land Commonly Known As The Woodlands Triangle between The Village of Morton Grove and The Elliott Group, Inc. (the "Real Estate Contract"). 4. Signed 18th Amendment To The Second Amended And Restated Declaration Of Condominium Ownership And Of Easements, Restrictions, Covenants And By-Laws For The Woodlands Of Morton Grove Condominium Association ("186' Amendment To Declaration"). 5. Proof of payment(redemption)of the 2007 and 2008 real estate taxes. 6. Affidavit of Title; 7. ALTA Statement; 8. Assignment Of Claims 9. Assignment Of Contract And Cause Of Action 10. Release deed from AIIW Enterprises,Inc. (regarding exception#R); 11. Closing Statement; 12. Pay proceeds letter from Parkway Bank & Trust Company directing that the proceeds be payable to Woodlands Of Morton Grove,LLC; 13. Pay proceeds letter from Woodlands Of Morton Grove, LLC directing that the proceeds be payable to The Woodlands Of Morton Grove Condominium Association; 14. Plat Of Survey Of The Woodlands Of Morton Grove Parcel T —Woodlands Triangle (10) '.. copies; 15. FIRPTA Statement; 16. GAP Undertaking;and 17. 1099 Solicitation Form. B. Purchaser's Deposits. Purchaser does hereby or shall deposit the following with you: 1. The purchase price of the Property plus or minus prorations and credits as indicated on the Seller's Closing Statement; 2. Signed 3 Party Agreement; 3. Signed Real Estate Contract; 4. Signed ALTA statements. C. Association's Deposits. The Association does hereby or shall deposit the following with you: 1. Signed 17th Amendment To The Second Amended And Restated Declaration Of Condominium Ownership And Of Easements, Restrictions, Covenants And By-Laws For The Woodlands Of Morton Grove Condominium Association (the "17th Amendment To Declaration") 2. Signed 18th Amendment To Declaration. '. 3. Signed 3 Party Agreement. 4. Release of Lien in favor of Woodlands Of Morton Grove Condominium Association (exception Y). 5. Paid assessment letter from the Woodlands Of Morton Grove Condominium Association (exception N). III. RECORDLNG-DISBURSEMENT. A. When you have received all of the deposits described above, when you are prepared to issue your Owner's Title Insurance Policy insuring Purchaser in the full amount of the purchase price subject only to the Permitted Exceptions (defined in Section I above), with extended coverage, and when you are prepared to disburse Seller's Closing Proceeds to Seller,then you are to proceed as follows: (1) Record the 17th Amendment To Declaration; (2) Record the 18th Amendment To Declaration; (3) Record the Trustee's Deed; (4) Record the Release Deed regarding exception R (5) Record the Release Deed regarding exception Y; (6) With regard to the net proceeds due Seller pursuant to the Closing Statement, pay such proceeds to the Association and mail the proceeds check to the Association's Attorney. (7) Mail to the Association the original of Seller's deposits#8 and#9. (8) Mail copies of all of all deposits and a copy of the signed RESPA and/or Disbursement Statement to the attorneys for Seller, Buyer and the Association. Please have Purchaser sign and/or complete these where indicated. (9) Please note: Larry Eisen in your Mt. Prospect office has approved extended coverage and has cleared title. Please see notations in your computer system. B. If by the close of business on the Scheduled Closing Date you are not prepared to issue your Owner's Title Insurance Policy as indicated above or you are not prepared to disburse Seller's Closing Proceeds to Seller,you shall be authorized and directed to continue to comply with the terms of this Escrow Agreement until receipt of a written demand from Purchaser's Attorney, Seller's Attomey or the Association's Attorney for the return of the deposits made by such party. If you receive such a demand from any such party you shall then return all deposits to the respective depositors thereof IV. MISCELLANEOUS. A. If the terms of this Escrow Agreement direct you to continue to comply with the terms of this Escrow Agreement following expiration of a time limit for making a deposit until demand is received from the other party, unless otherwise provided herein, the deposit may be made and accepted at any time prior to receipt of the demand and the default will be cured by said deposit. B. Except as to deposits of funds for which you have received express written direction concerning investment or other handling, you shall be under no duty to invest or reinvest any deposits at any time held by you hereunder. You may commingle any deposits with other deposits or with your own funds in the manner provided for the administration of funds under Section 3 of the Illinois Banking and Finance Act(c.17, par 1555 III. Rev. Stat.) and you may use any part or all such funds for your own benefit without obligation to any party for interest or earnings derived thereby, if any. Notwithstanding the foregoing however, nothing herein shall diminish your obligation to apply the full amount of the deposits in accordance with the terms of this Escrow Agreement. C. Whenever under the terms and provisions of this Escrow Agreement the time for performance falls upon a Saturday, Sunday or holiday, such time for performance shall be extended to the next business day. D. You are authorized to sign Seller's name to the RESPA statement (provided the amount payable to Seller on your RESPA statement is equal to the amount due Seller from Seller's closing statement) and your agency escrow disbursement agreement. E. Seller's FEIN number is: 36-4378429. Seller's forwarding address is 1440 Lee Street, Des Plaines, Illinois 60018. F. Billing Instructions • Bill the Association for the cost of recording the 17th and 18th Amendments to the Condominium Declaration. • Bill Seller for recording the release deeds. • Bill Seller and Buyer each for 1/2 of your closing fee. A CEPTED: VV ' Attorney for Seller Attorney for Purchaser Attorney for Association Chicago Title Insurance Company BY: ITS: EXHIBIT"A" PART OF THE WEST HALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST 1/4, 493.66 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID SOUTH LINE, 539.37 FEET TO THE EASTERLY LINE OF CHICAGO-MILWAUKEE-ST. PAUL & PACIFIC COMPANY RAILROAD; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 1618.82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN AVENUE FOR THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID SOUTHERLY LINE, 114 .62 FEET; THENCE SOUTH 69 DEGREES 17 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE, 81 .98 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 25 SECONDS WEST, 60.29 FEET; THENCE SOUTH 67 DEGREES 39 MINUTES 58 SECONDS WEST, 79.48 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20 MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 146.3 FEET TO SAID POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PIN a:10-20-121-045-1091 ��� 4295/009 2 30 001 Page I of 69 - 06-07 13=27:40 Cook County t?Ecorder 311.0U [Above Space For Recorder's Use Only] AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS This Amended and Restated Declaration of Covenants, Conditions, Restrictions and Easements ("Declaration") is made as of May J9 , 2002, by AHW ENTERPRISES, INC., an Illinois corporation ("Declarant") and MCSHANE CORPORATION, an Illinois corporation. WITNESSETH: WHEREAS, Declarant previously recorded a certain "Declaration of Covenants, Conditions, Restrictions and Easements" with the Cook County Recorder of Deeds on June 19, 2000 as document number 00451022 (the "Original Declaration"). The Original Declaration affected the Property (defined below). At the time the Original Declaration was recorded, Declarant owned all of the Property. RECORDING FY: 3 / DATE < a OK BY lti G:\CLIENT_CASE_FILES\A TO E\ELLIOTT GROUP,INC\THE WOODLANDS\CC,RS\AMENDED_AND_RESTATED_i I\RESTATED CCR AGREEMENT V9-FINAL.DOC ../ Last printed 05/30/02 11:27 AM THIS DOCUMENT PREPARED BY Permanent Real Estate Tax Index Nos. AND AFTER RECORDING SHOULD 10-20-121-030-1001 &1002; BE RETURNED TO: 10-20-121-028; 10-20-301-029 and 030 Levenfeld Pearlstein 33 W. Monroe Street,21'Floor Common Address: Chicago,IL 60603 6301 Lincoln Avenue,Morton Grove,IL Attn: David Berzon,Esq. EXKI1TATTA9HED y � 20639236 WHEREAS, after the Original Declaration was recorded with the Cook County Recorder of Deeds, Declarant conveyed the Senior Tract (defined below) to McShane Corporation. McShane Corporation is presently the owner of the Senior Tract. Declarant is presently the owner of the remainder of the Property. WHEREAS, the Declarant and McShane Corporation, being the only Owners of the Property and holding one hundred percent (100%) of the Percentages (defined below) desire to amend and restate the Original Declaration in its entirety, and Developer desires to consent to such amendment and restatement of the Original Declaration, all as hereinafter provided. WHEREAS, Declarant and McShane Corporation intend that the Property be developed pursuant to this Declaration, and Declarant and McShane Corporartion desire to establish for their own benefit, and the mutual benefit of all existing and future owners, mortgagees, tenants and occupants of the Property or any part thereof, mutually beneficial easements, restrictions and obligations with respect to the use, conduct and maintenance thereof; and WHEREAS, it is the purpose of this Declaration to ensure the proper development of the Property and to provide proper landscaping and maintenance thereof and in general to encourage construction of attractive, high quality, permanent improvements that are harmonious throughout the Property and that will otherwise promote the general welfare of all Owners and Occupants (as such terms are hereinafter defined). NOW, THEREFORE, by executing this Declaration, Declarant and McShane Corporation hereby agree that: (1) this instrument shall constitute an amendment and restatement of the Original Declaration, which shall be deemed to be replaced by this 2 20639236 instrument; and (2) the Property shall be transferred, held, sold, conveyed and accepted subject to this Declaration. Declarant and McShane Corporation hereby further declare and agree that the following covenants, restrictions, easements, conditions, burdens, uses, privileges, charges and liens shall: (1) exist at all times hereafter amongst all parties having or acquiring any right, title or interest in any portion of the Property; (2) be binding upon and inure to the benefit of each Owner (provided, however, that certain provisions hereof may expressly provide that they are binding on and/or inure to the benefit of only certain designated portions of the Property); and (3) run with the land subjected to this Declaration, to be held, sold and conveyed subject thereto. ARTICLE 1 DEFINITIONS The following terms shall have the meanings set forth in this Article 1 for all purposes under this Declaration. 1.1 "Approving Body" shall mean the Developer until the Completion Date and the Association thereafter. 1.2 "Association" shall mean the owner's association to be established pursuant to Section 8.1 of this Declaration. 1.3 "Association Documents" shall have the meaning ascribed thereto in Section 8.1 hereof. 1.4 "Completion Date" shall mean the date on which the development and construction of all of the buildings intended to be constructed on the Property (including any 3 20833236 additional property added to the coverage of this Declaration pursuant to Section 7.1 below) by Developer have been completed and conveyed to third parties by Developer; provided, however, that Developer, at its option, may designate an earlier "Completion Date." The Completion Date shall be certified by Developer by the execution and recording in the Real Estate Records of a unilateral statement to that effect. 1.5 "Condominium Act" shall mean the Condominium Property Act of the State of Illinois. 1.5A "Condominium Declaration" shall mean the Amended and Restated Declaration of Condominium Ownership and of Easements, Restrictions, Covenants and By-Laws for the Woodlands Of Morton Grove Condominium Association, as amended from time to time. 1.6 "Declarant" shall mean and refer to AHW Enterprises, Inc., an Illinois corporation, and its successors and assigns; provided, however, that the Declarant's rights hereunder may only be assigned by express written agreement duly recorded. 1.7 "Default Interest Rate" shall mean a floating rate of interest per annum which is adjusted from time to time so that it is at all times equal to five percent (5%) above the "prime rate" of interest published from time to time in The Wall Street Journal, or if The Wall Street Journal discontinues such publication, then the Approving Body shall select a reasonably equivalent rate and record a declaration of same in the Real Estate Records to supplement this Section 1.6. 1.8 "Developer" shall mean and refer to The Woodlands of Morton Grove, L.L.C., an Illinois limited liability company, and its successors and assigns; provided, however, that the Developer's rights hereunder may only be assigned by express written agreement duly 4 2O639236 recorded. The Developer currently holds (or is the affiliate of the holder of) an option to purchase the entire Multi-Family Tract. The Developer is also an affiliate of Elliott Homebuilders, Inc., who was the party named "Developer" under the Original Declaration. 1.9 "Drainage Facilities" shall have the meaning ascribed thereto in Section 6.4 hereof. 1.10 "Easement Plat" shall mean, collectively, those certain plats of the Property attached hereto as Exhibit A, which identify the Senior Tract, the Multi-Family Tract (and Parcel A - Parcel N of the Multi-Family Tract), the easement areas and certain other portions of the Property described by the provisions of this Declaration. 1.11 "Easement Schedule" shall mean the schedule attached hereto as Schedule 1, which sets forth a description of various easements created under this Declaration and the portions of the Property benefited thereby. 1.12 "Entrance Treatments" shall mean all landscaping, a decorative monument sign and other improvements designated by the Approving Body to be installed at the main entrance to the Property from Lincoln Avenue, for the purposes, among other things, of identifying and beautifying the Property. 1.13 "Exterior Easement Area" shall mean: (a) the entire Property excluding the portions thereof reserved as building areas, which are designated "Bldg Area" on the Easement Plat, together with (b) those portions of such building areas on which a completed building is not located; provided, however, that if a completed building is expanded in any such building area the Exterior Easement Area shall be reduced by such expansion. 5 20639236 1.13A "General Common Facilities" shall have the meaning ascribed thereto in subsection 5.4(a). 1.14 "Indoor Garage Parking" shall mean the indoor garage parking either (a) located in each individual condominium townhome/villa at the Property and reserved for the unit owners of such townhome/villa or (b) located in each individual condominium apartment building at the Property and reserved for the unit owners in such building. 1.14A "Limited Facilities" shall have the meaning ascribed thereto in Section 5.4(a). 1.15 "Main Roadway" shall mean that certain road running from Lincoln Avenue through the center of the Property and designated as the "Main Roadway Easement" on the Easement Plat. 1.16 "Multi-Family Tract" shall mean that certain tract of real estate constituting part of the Property, which is legally described on the Easement Plat, on which there is intended to be developed fourteen multi-family residential buildings, as more fully described in the Zoning Documents. The Multi-Family Tract consists of the fourteen Parcels, A through N, as shown on the Easement Plat. 1.17 "Occupant" shall mean any person legally entitled to occupy and use all or any part or portion of a Tract. 6 2063323G 1.18 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Tract or any portion thereof or interest therein, including, without limitation, any condominium unit (provided that the rights of any condominium unit owner shall be exercised by and through such owner's condominium association, as more fully provided in Section 8.4 below). 1.19 "Owner's Maintenance" shall have the meaning ascribed thereto in subsection 5.4(c) hereof. 1.20 "Parcel" shall mean one of the fourteen parcels legally described in and shown on the Easement Plat, which together constitute the Multi-Family Tract. Each of the Parcels is intended to contain one of the fourteen multi-family residential buildings described in the Zoning Documents and reflected on the Easement Plat. The Parcels are designated on the Easement Plat and described in this Declaration as "Parcel A," "Parcel B," "Parcel C," "Parcel D," "Parcel E," "Parcel F," "Parcel G," "Parcel II," "Parcel I," "Parcel J," "Parcel K," "Parcel L," "Parcel M," and "Parcel N," respectively. 1.21 `Percentages" shall have the meaning ascribed thereto in subsection 8.5 hereof. 1.22 "Perimeter and Pond Fencing" shall mean: (a) the fencing, walls (including retaining, sound and decorative walls), berms and/or other similar barrier structures, if any, installed around or about the entire perimeter of the Property, (b) the fencing, walls, berms and/or other similar barrier structures, if any, surrounding the retention pond to be located in the northwest corner of the Property, and (c) the fencing to be located along the eastern boundary of the Main Roadway, between said roadway and certain Parcels of the Multi-Family Tract. 7 20639236 1.23 "Person" shall mean a natural person, firm, corporation, partnership, limited liability company, association, or any legal entity, public or private. 1.24 "Property" shall mean and refer to the entire tract of real estate shown and legally described on the Easement Plat, together with any additional property intended to be covered hereby, which is added to this Declaration pursuant to Section 7.1 below. 1.25 "Real Estate Records" shall mean the official real estate records of Cook County, Illinois, as maintained by the Cook County Recorder of Deeds' Office. 1.26 "Senior Tract" shall mean that certain tract of real estate constituting part of the Property, which is legally described and shown on the Easement Plat, on which there is intended to be developed a senior living facility, as more fully described in the Zoning Documents. 1.27 "SP Property" shall mean the real estate adjoining the Property and generally identified on Schedule 2 attached hereto. The SP Property is not currently part of the Property encumbered by this Declaration, but may be added to the Property pursuant to Section 7.1 hereof. 1.28 "Sub-Association" shall mean any condominium or homeowners association representing less than all of the Owners of the Property (specifically excluding the Association, as defined herein, which will represent all of the Owners). It is currently contemplated that either (a) each Parcel will be submitted separately to the Condominium Act and become a separate condominium project or (b) more than one or all of the Parcels will be submitted together to the Condominium Act and become a single condominium project. In either event, 20639236 each condominium association that is formed with respect to one or more of the Parcels shall be deemed to be a "Sub-Association" hereunder. 1.29 "Tract" shall mean each part of the Property, whether the Senior Living Tract, the Multi-Family Tract, any Parcel in the Multi-Family Tract or any other specific portion of the Property covered by this Declaration. If two (2) or more Tracts are acquired by the same Owner in fee, such commonly owned Tracts, subject to applicable statutes, laws, ordinances, rules and regulations, at the option of the Owner, may be treated as a single Tract for the purposes of the covenants, conditions, restrictions and easements contained herein. 1.30 "Village" shall mean the Village of Morton Grove, Illinois, its successors and assigns. 1.31 "Zoning Documents" shall mean the Village Ordinances 00-14, 00-15 and 00- 16, as modified by Village Ordinance 01-23, and the PUD plans and documents and other governing documents approved thereby. ARTICLE 2 PURPOSE 2.1 Purpose. The Property is hereby made subject to the following conditions, covenants, restrictions and easements, all of which shall be deemed to run with the Property, to insure the proper use and appropriate development and improvement of the Property for the purpose of: (a) maintaining the value and use of the Tracts; (b) preventing the erection on the Property of any structure constructed of improper or unsuitable materials or with improper quality and methods of construction; (c) ensuring adequate and reasonably consistent development of the Property; (d) encouraging and ensuring the construction of attractively 7 2063923G designed, high-quality permanent improvements appropriately located within the Property which achieve a harmonious appearance and function; (e) providing proper and uniform landscaping and maintenance of the Property; and (t) generally promoting the welfare and safety of the Occupants and Owners of the Tracts. ARTICLE 3 RESTRICTIONS GOVERNING IMPROVEMENTS 3.1 Generally Prohibited Activities. No improvement shall be constructed or erected on any portion of the Property unless it complies with the provisions of this Article 3. Subject to the provisions of subsection 7.1(b), the Property is intended for residential use only; therefore, without the prior written approval of the Approving Body in each instance, no commercial activities shall be conducted by the Owners or Occupants at the Property, except as otherwise permitted under subsection 7.1(b) and except for the business activities associated with the operation of a senior living facility on the Senior Tract (including ancillary services offered to residents thereof) and the development, marketing and sale or leasing of residential units at the Multi-Family Tract (or the furnishing of ancillary services offered to residents thereof), which commercial activities are hereby expressly authorized, and except for the use of typical home offices for the purpose of conducting business activities that do not involve employees, customers, suppliers or other third parties being located at or coming on the Property to conduct such business. The Approving Body may establish additional rules and regulations, consistent with the provisions hereof, concerning commercial or other ancillary or incidental uses of the Property. No noxious or offensive activities shall be conducted on the Property nor shall anything be done thereon which may be or become an annoyance or 1 6 20633231: nuisance to any Owner or Occupant by reasons of unsightliness or excessive emission of fumes, odors, glare, vibration, gases, radiation, dust, liquid or solid waste, smoke or noise; provided, however, that no construction activities associated with the construction of the improvements on the Property as contemplated hereunder shall be deemed to be prohibited by the foregoing provisions. 3.2 Compliance with Zoning Doctuments. Without the prior written approval of the Developer in each instance, no improvements shall be constructed on the Property in violation of the Zoning Documents (the intent being that no Owner or any other Person shall have the right to amend the existing Zoning Documents and construct anything contrary to the existing Zoning Documents without Developer's consent). 3.3 Parking. No Owners or Occupants of the Senior Tract, or their respective invitees, licensees, guests, employees, contractors or agents, shall park any vehicles in any of the parking areas located on the Multi-Family Tract, except for short-term, overflow parking permitted by the written agreement of the Owners (or Sub-Association representing the Owners) of the affected Parcels. No Owners or Occupants of the Multi-Family Tract, or their respective invitees, licensees, guests, employees, contractors or agents, shall park any vehicles in any of the parking areas located on the Senior Tract, except for short-term, overflow parking permitted by the written agreement of the Owner of the Senior Tract. The foregoing prohibition on cross-parking between the Senior Tract and the Multi-Family Tract, shall not restrict the rights of each Owner, Occupant, invitee, licensee, guest, employee, contractor or agent of a Parcel of the Multi-Family Tract from parking on any other Parcel of the Multi- Family Tract, subject to all rules and regulations with respect thereto promulgated by the IF 20639236 Approving Body. Without the prior written consent of the Approving Body or as otherwise permitted in any rules and regulations with respect thereto promulgated by the Approving Body, no boats, recreational vehicles, trucks (excluding pick-up trucks, vans, sport utility vehicles and other similar small trucks owned primarily for personal use) or trailers shall be parked overnight in any of the parking areas on the Property. The Indoor Garage Parking located in any individual townhome/villa unit at the Property or in any individual apartment building at the Property shall be for the exclusive use of the Owners and Occupants of such unit or building, as the case may be, and for their guests and invitees, and shall not be available for use of other Owners or Occupants of any Tract. An Owner of the Senior Tract, the Multi-Family Tract or a Parcel, or a Sub-Association representing a group of Owners thereof, shall have the right to take all measures reasonably deemed necessary by such Person to enforce the parking restrictions set forth herein, including, without limitation, the installation of fencing, gates or other obstructions, the placement of signs and the towing or ticketing of vehicles (subject to the approval of plans for such installations by the Approving Body pursuant to Article 4 below). 3.4 Loading Areas. Truck loading, moving and receiving activities shall not be permitted except in the area of each building specifically designated therefor (as set forth in the applicable plans approved by the Approving Body). Proper visual screening shall be provided and maintained between any loading and receiving area and any street. 3.5 Outside Storage. No materials, supplies, equipment, personal property or other similar articles of any nature shall be stored or permitted to remain on any Tract outside of any building, subject to rules and regulations promulgated by the Approving Body. Waste / 6\ 20639236 and rubbish storage facilities shall be properly screened and shall not be installed or constructed without the prior written consent of Developer pursuant to Article 4 below. 3.6 Landscaping. All Tracts shall be landscaped only in accordance with a landscaping plan submitted to and approved in writing by Developer pursuant to Article 4. Such landscaping plan shall include information regarding the type of sodding, seeding, trees, hedges and shrubs and information regarding other customary landscape treatment for the entire site, including fences, walls and screening. All landscaping plans shall provide for an underground irrigation system. 3.7 Design. All exterior design of and materials used for improvements on any Tract shall be compatible and in harmony with existing or approved improvements on the Property, as reasonably determined by the Developer in accordance with Article 4 below. 3.8 Underground Utilities. Except with the prior written approval of the Approving Body to the contrary: (a) all utility connections, including all electrical, telephone, water and other utility lines, connections and installations shall be made underground from the nearest available utility source; and (b) no transformer, electric, gas or other meter of any type or other apparatus shall be located on any power pole or hung on the outside of any building, but the same shall be placed on or below the surface of the Property and where placed on the surface shall be adequately screened and fenced. 3.9 Television and Internet Cables and Antenna and Other Similar Equipment. Except as otherwise permitted under this Declaration or required by law, no television, intemet or other cabling, antennas, satellite dishes, microwave equipment or other similar devices may be installed at the Property without the prior written consent of the Approving 20633236 Body, or in accordance with the rules and regulations therefor promulgated by the Approving Body. The Approving Body shall not withhold its consent to any such items that are properly screened from view, do not materially adversely affect the Owners or the Property and do not otherwise violate any requirements of this Declaration. Notwithstanding the foregoing, the Developer, with respect to any buildings located on the Multi-Family Tract, and McShane Corporation, with respect to the buildings on the Senior Tract, reserve the right to install and maintain (and replace from time to time) any such equipment or devices on the rooftops of such buildings so long as such equipment and devices are properly screened from ground view in an attractive manner. 3.10 Signs. The following restrictions shall apply to any signage located upon the Property: (a) No "for-sale" or other signs shall be permitted anywhere within the Property without prior written approval of the Approving Body or pursuant to the rules and regulations therefor promulgated by the Approving Body. All signs shall conform with the Zoning Ordinance and all other applicable statutes, laws, rules and regulations. Any sign erected without complying with the foregoing shall be removed immediately after the receipt of written notice from the Approving Body demanding such removal. If the Person that installed such sign fails to remove such sign on demand, the Approving Body shall have the right, but not the obligation, to enter upon the Tract and remove such sign. The cost of such removal shall be assessed against and paid by the Person installing such sign, and shall also be the obligation of: (i) an Owner, whose [ t 20639236 Occupant installed such sign and/or (ii) a Sub-Association, whose Owner, or Occupant of one of its Owners, installed such sign. (b) The provisions of this Section 3.10 shall not apply to Developer's signs identifying the Multi-Family Tract (or Parcels thereof) and offering Tracts, Parcels or individual residential units for sale or lease prior to the Completion Date. Furthermore, the Approving Body shall not unreasonably withhold its consent to any signage that the owner of the Senior Tract wishes to install and maintain on the Senior Tract to permit it to facilitate and promote the operation of its senior living facility on the Senior Tract, provided that such signage complies with standards consistent with similar attractive, first-class senior living facilities that are part of an integrated living community. 3.11 Excavations and Rubbish. No excavations shall be made and no sand, gravel or soil shall be removed from the Property except in connection with a grading plan approved as provided in Article 4 hereof. Except to the extent undertaken by the Approving Body pursuant to subsection 5.4(a), each Owner (or Sub-Association representing a group of Owners) shall remove at its own expense any rubbish or trash of any character which may accumulate on its Tract. Rubbish, trash, garbage or other waste shall be kept only in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and shall be subject to the requirements of Section 3.5 hereof. No burning of rubbish or trash shall be permitted at any time. 3.12 Maintenance Standards. Any maintenance required to be performed under this Declaration shall result in maintenance of the improvement in a condition which is 20639236 healthful, safe, clean, maintained and neat and complies with all applicable statutes, laws, ordinances, rules and regulations and substantially conforms to the original condition of the improvement, subject to modification thereof in accordance with Article 4 below. ARTICLE 4 CONTROL OF IMPROVEMENTS 4.1 Control of Improvements. No improvement shall be constructed, installed, altered, or permitted on any Tract without the prior approval of Developer as hereinafter set forth. Approvals under this Article 4 shall not be arbitrarily or capriciously withheld. 4.2 Submissions to Developer. To secure Developer's approval of any proposed improvements, an Owner shall deliver to Developer, in form reasonably satisfactory to Developer, three (3) complete sets of the following: (a) The Tract site plan showing, among other things, the location and dimension of all intended improvements including (i) building(s), (ii) other structures, (iii) motor vehicular parking areas and facilities, including the number, size and layout of parking spaces, (iv) loading and storage facilities and areas, (v) areas to be landscaped, (vi) signs, (vii) lighting fixtures, (viii) means of ingress and egress, (ix) curb cuts, (x) traffic patterns and (xi) drives and driveways; (b) Drawings and specifications of all exterior surfaces, showing elevations, and including the color, quality and type of exterior construction materials; (c) Grading and drainage plans including the invert elevation of all sanitary and storm sewer connections and the location of all utility connections; (d) Landscaping plan; ! Cp 20639236 (e) The type, style, size and candle power of all outdoor lighting fixtures; (f) Drawings and design specifications of all proposed signs including the colors thereof and the quality and type of materials to be used and the manner of illumination; (g) Proposed use of all improvements; and (h) All such other information as may be reasonably required which will enable Developer to determine the location, scale, design, character, style and appearance of the Owner's intended improvements; provided, however, that Developer shall not require information concerning the interior design or character of any buildings unless same is clearly visible from the exterior of such buildings or is otherwise deemed by Developer to have a material effect on the development or operation of other Tracts. All of the foregoing (hereinafter collectively called "Plans and Specifications") shall conform to the applicable provisions of this Declaration and the applicable laws. 4.3 Time for Review of Plans and Specifications. Within thirty (30) days after an Owner has served written notice upon Developer that it has submitted all required Plans and Specifications to Developer, Developer shall notify Owner in writing whether such Plans and Specifications are approved or disapproved. Any such disapproval shall set forth the reason or reasons for such disapproval. Should Developer fail to approve or disapprove the aforesaid Plans and Specifications in writing within said thirty (30)-day period, then Developer shall be conclusively presumed to have approved same. No construction of the improvements provided for in the submitted Plans and Specifications shall be commenced until the expiration of the aforementioned thirty (30)-day period or the receipt of Developer's written approval of Plans and Specifications, whichever shall first occur. "TIC /7 206-)0236 4.4 Time for Review of Revised Plans and Specifications. If Developer shall disapprove any part of the Plans and Specifications submitted as aforesaid, Owner shall revise its Plans and Specifications to incorporate such changes and shall deliver three (3) complete sets of revised Plans and Specifications to Developer, and Developer then shall have thirty (30) days after its receipt of such revised Plans and Specifications within which to review such revised Plans and Specifications to determine Owner's compliance with Developer's requested changes. Should Developer fail to advise Owner in writing of whether or not such revised Plans and Specifications are in compliance with the suggested changes within the thirty (30)- day period, then Developer's approval shall be conclusively presumed to have been granted. 4.5 Changes in Approved Plans and Specifications. An Owner shall secure the approval of Developer to any change or revision in approved Plans and Specifications in the manner provided in this Article for the approval of Plans and Specifications. Developer shall endeavor to review such changes or revisions within a shorter period of time than the thirty (30)-day period provided in Section 4.3 hereof but shall not be required to do so. 4.6 Owner's Rights--Arbitration. If an Owner believes that the disapproval of any Plans and Specifications is arbitrary and capricious, Owner must submit the matter, as its sole remedy, to final and binding arbitration pursuant to the provisions of the Illinois Uniform Arbitration Act and the rules of the American Arbitration Association to the extent that such rules are not inconsistent with said Act. The fees of such arbitrator and court reporter fees, and any other fees incurred in connection with such arbitration, shall be shared equally by the parties to the arbitration, provided that each party shall pay its own attorneys' fees. In determining any question, matter or dispute before such arbitrator, the arbitrator shall apply IV 20633236 the provisions of this Declaration without varying therefrom in any respect and shall not have the power to add to, modify or change any of the provisions of this Declaration. The parties to the arbitration agree to cooperate fully and to obtain the cooperation of their respective employees, agents and contractors and to use their respective best efforts to supply as witnesses any former employee, agent or contractor and to produce relevant documents which may be requested by the other. 4.7 No Responsibilities. Neither Developer, nor its agents, employees, successors or assigns, shall be liable in damages to any Owner, Occupant or other Person by reason of any mistake in judgment, negligence or nonfeasance arising out of or in connection with the review, approval or disapproval or failure to approve any Plans and Specifications or with respect to any deficiency in any Plans and Specifications, except in the event of fraud or intentional misconduct by Developer in denying approval. Every Person who submits Plans and Specifications to Developer, for approval as herein provided, agrees by submission of such Plans and Specifications, and every Owner or Person claiming by or through an Owner agrees by acquiring title to any part of the Property or any interest in the Property, that it will not bring any action or suit against Developer or its agents, employees, successors or assigns to recover any such damages, except in the event of such fraud or intentional misconduct. - 4.8 Limitation on Developer's Powers and Rights. From and after the Completion Date (as certified by Developer), the terms and provisions of this Article 4 shall be deemed abrogated and of no further force and effect. 4.9 Developer's Approval of PUD Plans. Notwithstanding any of the foregoing provisions of this Article 4 to the contrary, the Plans and Specifications that, prior to the date L9 20639236 hereof, have been submitted to the Village, and approved by the Village, as part of or in connection with the Zoning Documents shall be deemed to be approved by Developer for all purposes hereunder; provided, however, that such approval shall not affect the requirements herein for the approval by Developer of any exterior details not covered in the plans and specifications so approved by the Village, or of any modification of the approved plans and specifications. 4.10 Approval of Developer Plans and Standards for Developer Construction. Inasmuch as Plans and Specifications require the approval of Developer only, any improvements constructed on the Property by Developer or its contractors, employees or agents shall be deemed to automatically have Developer's approval required under Articles 3 and 4 hereof, and no written confirmation of such approval need be obtained, delivered or recorded. Notwithstanding the foregoing, or anything else set forth herein, Developer agrees, for the benefit of the Owner of the Senior Tract, that all exterior elements of the improvements to be constructed by Developer on the Multi-Family Tract shall be constructed either in a manner consistent with the Zoning Documents or in a different manner that is not of a materially lower quality and appearance than provided in the Zoning Documents. For purposes of the prior sentence: (a) Developer shall not be restricted in any manner to the materials or other specifications provided in the Zoning Documents, and any modification thereto shall not cause Developer to be in violation hereof so long as the general exterior quality and appearance of the improvements are not materially reduced by such modification; (b) only the Owner of the Senior Tract shall have the right to require Developer to comply with the standards set forth above, and, in the event that the Owner of the Senior Tract Zv 20639236 believes that Developer has violated said standards, the Owner of the Senior Tract must notify Developer thereof in writing no more than fifteen(15) days after learning of Developer's intent to construct the improvement that the Owner of the Senior Tract is claiming is in violation; and (c) at Developer's request, at its option, any dispute concerning a violation of said standards shall be submitted to arbitration in accordance with the arbitration procedures described in Section 4.6 above. 4.11 Recording of Approval. At the written request and expense of an Owner: (a) Developer shall review (or, at such Owner's request, retain an architect selected by Developer to review) any completed improvements on such Owner's Tract; and (b) if such improvements conform to the Plans and Specifications approved by Developer, Developer shall record in the Real Estate Records a statement confirming same. ARTICLE 5 MAINTENANCE OBLIGATIONS 5.1 Personal Obligation For Maintenance and Creation of the Lien. Each Owner, whether or not such obligation is so expressed in any deed or other conveyance, hereby covenants and agrees and shall be deemed to have covenanted and agreed to pay to the Approving Body all charges that are levied against such Owner or its Tract pursuant to the provisions of this Declaration (provided, however, that such obligation shall be delegated to any Sub-Associations representing a group of Owners pursuant to Section 8.4 below, to the extent applicable). All charges arising under any provision of this Declaration, together with interest thereon at the Default Interest Rate and the costs of collection, if any, including attorneys' fees, as herein provided, shall be charged as a continuing lien upon the Tract of the Z / Owner against which each such charge is made (and in the event that an Owner£s a member of a Sub-Association, such lien shall attach to the entire Tract owned by the Owners that are members of such Sub-Association). Each such charge as aforesaid, together with interest and costs thereon, in addition, shall be the personal obligation of the Owner(s) of such Tract (and the Sub-Association representing such Owners) at the time the charge was incurred. Declarant, McShane Corporation and/or Developer, to the extent that such person owns any part of the Property, shall be deemed subject to the provisions of this Article to the extent of their respective share of costs to be assessed against their respective ownership interests as provided herein. To evidence the aforesaid lien, the Approving Body shall prepare a written notice of assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner(s) of such Tract (or Sub-Association) subject to such lien and a description of such Tract ("Notice"). The Notice shall be signed by one of the officers of the Approving Body and shall be recorded in the Real Estate Records. Such lien for payment of charges shall attach after recording the Notice in accordance with the priority set forth below from the date that such payment becomes delinquent and may be enforced by all available legal methods of collection including, but not limited to, the foreclosure of such lien by the Approving Body in like manner as a mortgage on real property, subsequent to the recording of a Notice as provided above, or the Approving Body may institute suit against such Owner(s) (or Sub- Association) obligated to pay the assessment and/or for the foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether or not judicial, such Owner(s) (or Sub- Association) shall be required to pay the costs, expenses and reasonable attorneys' fees incurred in connection therewith. The Approving Body shall have the power to bid on such 2Z 20633236 Tract at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Upon the written request of any mortgagee holding a prior lien on any part of the Property, the Approving Body shall report to said mortgagee any unpaid charges remaining unpaid for longer than sixty (60) days after the same are due. 5.2 Liability of Beneficiaries of Land Trust. If title to a Tract subject to any charge hereunder is conveyed to a title-holding trust under the terms of which all of the powers of management, operation and control of the trust remain vested in the trust beneficiary or beneficiaries, then the beneficiary or beneficiaries thereunder from time to time shall be responsible for the payment of all obligations, liens or indebtedness and for the performance of all agreements, covenants and undertakings chargeable or created for the purpose of the payment of the costs assessed against such Tract. No claim shall be made against any such title-holding trustee personally for payment of any lien or obligation created hereunder and such trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against such lien or obligation. The amount of such lien or obligation shall continue to be a charge or lien upon such Tract and the beneficiaries of such trust notwithstanding any transfer of the beneficial interest of any such trust or any transfer of title to such Tract. 5.3 Subordination of Lien to Mortgage. The recorded Notice evidencing the lien for any charge provided in this Declaration shall be superior to all other liens, encumbrances and charges against the Tract, except only for liens securing payment of taxes, special assessments and special taxes heretofore or hereafter levied by any political subdivision or municipal corporation or any state or federal taxes which by law are a lien against the interest of any such Owner prior to pre-existing recorded encumbrances; and provided further, that R 23 • 20639236 said recorded Notice evidencing such assessment lien shall be subordinate to the lien of a prior recorded bona fide security device, including a mortgage or trust deed encumbering said Tract, except for such amounts which become due and payable from and after the date on which the holder of such security device either (i) takes possession of said Tract, or (ii) accepts a conveyance of any interest therein other than as security, or (iii) files suit to foreclose its security device. The Approving Body shall have the power to subordinate the aforesaid lien to any other lien. Such power shall be entirely discretionary with the Approving Body, but may not be exercised in a manner more favorable to lienholders on one Tract than to lienholders on other Tracts. 5.4 Approving Body's and Owner's Maintenance; and Allocation of Costs. (a) Subject to the provisions of subsection 5.4(b) below: (i) the Main Roadway, the Entrance Treatments, the Drainage Facilities (excluding Drainage Facilities solely servicing an individual Tract), the Perimeter and Pond Fencing (except for the portion of the Perimeter and Pond Fencing described in subsection 1.22(c)), all sewer and water mains not maintained by the Village, and all other facilities servicing all or substantially all of the Property, including the Senior Tract (collectively, the `General Common Facilities") shall be maintained, repaired or replaced by the Approving Body and all of the Owners shall share the cost thereof in accordance with their respective Percentages; and (ii) all roadways, parking areas, sidewalks, grassy areas and landscaping, Drainage Facilities, sanitary sewer facilities, utility facilities, fencing (including the portion of the Perimeter and Pond Fencing described in subsection 1.22(c)), sound, retaining and zy • 20639236 decorative walls, project signage and other portions of the Property and the improvements thereon, to the extent any of same are not General Common Facilities (collectively the "Limited Facilities") shall be maintained, repaired or replaced and the costs thereof allocated among the Owners, as follows: (A) Limited Facilities serving the Senior Tract shall be maintained, repaired and replaced by the Owner of the Senior Tract, at its sole cost and expense and in a clean, sightly, safe and first class condition, substantially consistent with their original appearance and specifications approved pursuant to Article 4 above; (B) Limited Facilities serving each individual mid-rise apartment building to be located on Parcel D, E or F (or any other Parcel), as the case may be, shall be maintained, repaired and replaced by the Approving Body in a clean, sightly, safe and first class condition, substantially consistent with their original appearance and specifications approved pursuant to Article 4 above, and the costs and expenses thereof shall be separately assessed by the Approving Body to, and paid for by, the Owners in such mid-rise building, pro rata, in accordance with each such Owner's respective "Ownership Interest" (as such term is defined in the Condominium Declaration) in relation to the total Ownership Interests of all Owners in such mid-rise building; (C) Limited Facilities serving any or all of the townhome/villa buildings to be located on Parcel A, B, C, or G through N (or any other Parcel), as the case may be (including the portion of the Perimeter and Pond Fencing described in subsection 1.22(c)), shall be maintained, repaired and replaced by the Approving Body in a clean, sightly, safe and first class condition, substantially consistent with their original appearance and specifications approved pursuant to Article 4 above, and the costs and X 20639236 expenses thereof shall be separately assessed by the Approving Body to, and paid for by, the Owners in all of the townhome/villa buildings, pro rata, in accordance with each such Owner's respective Ownership Interest in relation to the total Ownership Interests of all Owners in all such townhome/villa buildings (the intent being that the townhome/villa buildings shall be treated as a coordinated set of buildings, similar to a single mid-rise apartment building, for purposes of sharing costs and expenses of the maintenance, repair and replacement of the Limited Facilities serving all or any if the townhome/villa buildings); provided, however, that the Indoor Garage Parking located in each townhome/villa unit, shall be the responsibility of, and maintained, repaired and replaced only by, the Owner of such unit; and (D) to the extent that any costs or expenses are incurred by the Approving Body in the maintenance, repair or replacement of any Limited Facilities serving any or all of the townhome/villa buildings and one or more of the mid-rise buildings (and/or the Senior Tract, with the Owner of the Senior Tract's approval), the Approving Body may equitably allocate the costs thereof among the Owners of the various Tracts, who shall then be obligated to reimburse the Approving Body for same in a manner consistent with the foregoing provisions of this Section 5.4(a) above. Notwithstanding anything set forth above that may appear to be - to the contrary, all buildings constructed on the Property and all signage intended for the exclusive use or benefit of an individual Tract shall be the responsibility of the Owners of such Tract (or Sub-Association representing any group of Owners) in accordance with subsection 5.4(c) below. The maintenance and repair activities hereunder,by whomever is responsible therefor, as set forth above, shall include, without limitation: the prompt removal of all paper, debris and refuse 20639236 from all areas of the Property and all snow and ice from paved areas; the operation,maintenance, repair and replacement of all Drainage Facilities, sanitary sewer facilities and other utilities located on or servicing the Property and not maintained by the Village or a public or private utility company;the maintenance, repair and replacement of all parking areas,driveways, roadways, sidewalks,paths and related improvements;the repair, replacement,cleaning and relamping of all project signs and lighting fixtures; and the mowing, watering, fertilizing, weeding, replanting and replacing of all landscaping. The Approving Body shall prepare an annual budget of all such costs and expenses (other than the costs and expenses pertaining to the Senior Tract, which are the Senior Tract Owner's sole responsibility),and, upon the request of the Owner of the Senior Tract or any Sub-Association representing a group of Owners of any Parcel,the Approving Body shall furnish a copy of such budget for review only by the requesting Person(and such Person shall not have any right to contest or modify such budget, subject,however,to the provisions of the Association Documents or applicable law after the Association becomes the Approving Body). (b) Notwithstanding the provisions of subsection(a) above to the contrary, the Approving Body shall have the right, in its sole discretion (subject to the requirements of the Village), to elect to discontinue performing some or all of the activities that it is required to perform, as described in subsection (a) above, by providing written notice thereof to all Owners (or the Sub-Associations representing such Owners, to the extent applicable). In the event of such election, each Owner (or Sub-Association), at its own expense, shall thereafter maintain, repair and replace all of the improvements located on its own Tract in accordance with subsection (c) below to the extent that such improvements will no longer be maintained by the Approving Body; provided, however, that with respect to the maintenance, repair, 2-7 20639236 replacement or renewal of any detention facilities, sanitary and storm sewer facilities, roadways or other facilities utilized by more than one Owner in common with other Owners, the Approving Body, prior to turning over the obligations therefor to a particular Owner, shall make provisions for such Owner to be reimbursed by the other Owners served by such facilities based on their fair and equitable proportionate shares, as reasonably determined by the Approving Body (and such provisions shall be properly documented and executed by all necessary Persons). (c) Each Owner (or Sub-Association representing any group of Owners) at all times shall maintain, repair, replace and renew, or cause to be maintained, repaired, replaced or renewed, the interior and exterior of all of the buildings on its Tract and all signage intended for the exclusive use or benefit of its Tract. Furthermore, in the event that the Approving Body elects to discontinue its activities under subsection(a) above, pursuant to an election made under subsection(b) above, then each Owner shall at all times maintain, repair, replace and renew, or cause to be maintained, repaired, replaced or renewed, all improvements on its Tract that the Approving Body is no longer maintaining, repairing, replacing or renewing, subject, however, to any other restrictions or requirements set forth in this Declaration. All maintenance, repairs, replacements and renewals required under this subsection (c) shall be undertaken so as to keep the improvements in a clean, sightly, safe and first class condition consistent with its original intended appearance ("Owner's Maintenance"). (d) If any building or structure on any Tract is damaged or destroyed, the Owner of such Tract shall promptly restore such improvement to the condition existing prior to such damage or destruction or, in the alternative, raze and remove such improvement and landscape 2 2063923€ the Tract pursuant to a landscaping plan approved as provided in Article 4 hereof, or, if Article 4 is no longer in effect as a result of the application of the provisions of Section 4.9, then such landscaping plan shall be subject to approval by the Village (through the Village Appearance Committee). 5.5 Right to Perform Owner's Maintenance. If an Owner shall fail to perform Owner's Maintenance as aforesaid, or if the Senior Tract Owner fails to perform its maintenance, repair or replacement obligations set forth in Section 5.4(a) above, then the Approving Body may give written notice to such Owner specifying the manner in which such Owner has failed to so perform. If such failure has not been corrected within ten (10) days after such notice is given, or if such work, if it cannot be completed within such ten(10)-day period, has not been commenced within such period and thereafter diligently completed, the Approving Body may enter upon the Tract and perform such work. The Approving Body by reason of its performing such work shall not be liable or responsible to any Owner for any losses or damage thereby sustained by such Owner or anyone claiming by or under such Owner except for gross negligence or wanton or willful acts. Each Owner of any Tract upon which such work is performed shall be liable for the cost of such work and shall promptly reimburse the Approving Body for such cost, together with interest calculated from the date of expenditure until repayment, at the Default Interest Rate. If such Owner shall fail to reimburse the Approving Body within thirty (30) days after receipt of a statement for such work from the Approving Body, then said indebtedness shall be a debt of such Owner, and shall constitute a lien against that Tract upon which said work was performed. Such lien shall have the same • attributes as the lien for charges set forth in Section 5.1 hereof, and the Approving Body shall Z9 2063.923G have identical powers and rights in all respects, including, without limitation, the right of foreclosure. 5.6 Certificate of Compliance. Upon the written request of any Owner, mortgagee or Occupant, or prospective owner, mortgagee or occupant of a Tract, and the payment to the Approving Body of a reasonable fee, the Approving Body, shall issue an acknowledged certificate in recordable form setting forth the amount of any unpaid charges, if any, and setting forth whether or not said Owner is, to the actual knowledge of the Approving Body, in violation of any of the terms and conditions of this Declaration. Such statement shall be furnished by the Approving Body within a reasonable time, but not to exceed twenty (20) days after the receipt of a written request for such written statement. ARTICLE 6 EASEMENTS 6.1 Easements for Performance and Enforcement. A perpetual, non-exclusive easement for ingress and egress over, under, across, in and upon the entire Property is hereby declared, created and granted by Declarant and McShane Corporation for the benefit and use of the Developer (and the Association, if it is the Approving Body), and their respective successors, assigns, agents and employees, to enter upon the Property for purposes of performing their obligations under this Declaration and enforcing all of the Owners' duties and obligations under the provisions of this Declaration. 6.2 Construction Easements. A temporary easement for the installation and construction of roads (and related roadway improvements), parking areas, sidewalks, sewer facilities, Drainage Facilities, waterlines, landscaping, sound, retaining and decorative walls, 3o 2063923r exterior lighting, signage, irrigation, cable lines and other similar utilities and facilities and all other improvements to be constructed on the Property by Developer is hereby declared, created and granted by Declarant and McShane Corporation over, under, across and upon the entire Property for the benefit and use of Developer, to enable Developer to go on the Property and construct and install all of the public and private land improvements contemplated in the Zoning Documents, as amended from time to time (or otherwise deemed necessary by Developer for the proper development of the entire Property in the manner contemplated under the Zoning Documents, as amended from time to time); provided, however, that such improvements shall only be constructed and installed in the Exterior Easement Area. Said installation and construction easement shall terminate at such time as Developer has completed the installation and construction of all of the aforesaid improvements (subject to Developer's right to reinstate such easement to facilitate the development of the SP Property in accordance with Section 7.2 below), and Developer agrees to record a notice of such termination in the Real Estate Records. 6.3 Rooftop Easement. A perpetual easement for the installation, maintenance, repair and replacement of rooftop equipment and devices on any or all of the roofs of the mid- rise apartmet buildings located on the Multi-Family Tract is hereby granted to Developer by Declarant for the purpose of allowing Developer the ability to exercise its rights under Section 3.9 above. 6.4 Drainage and Retention Easement. A perpetual, non-exclusive easement for the use of the "Drainage Facilities" (as hereinafter defined), for the drainage and retention of storm water runoff, is hereby declared, created, reserved and granted by Declarant and / 20639236 McShane Corporation over, under and upon those portions of the Property (the "Drainage Easement Parcels") situated in each of the areas designated "Drainage Easement" on the Easement Plat. The foregoing drainage easement burdens each Tract at the Property containing one or more Drainage Easement Parcels (or any portion thereof) and benefits the Tracts intended to be benefited thereby, as set forth in the Easement Schedule. The "Drainage Facilities" shall mean and consist of a retention pond in the northwest corner of the Property and various storm sewer pipes and other related facilities located throughout the Property in the Drainage Easement Parcels. 6.5 Sanitary Sewer Easements. A perpetual, non-exclusive easement for the use of sanitary sewer lines is hereby declared, created, reserved and granted by Declarant and McShane Corporation over, under and upon those portions of the Property (the "Sanitary Sewer Easement Parcels") situated in each of the areas designated "Sanitary Sewer Easement" on the Easement Plat. The foregoing sanitary sewer easement burdens each Tract at the Property containing one or more Sanitary Sewer Easement Parcels (or any portion thereof) and benefits the Tracts intended to be benefited thereby, as set forth on the Easement Schedule. 6.6 Parking Easements. A perpetual non-exclusive easement for the parking of automobiles and other vehicles (subject to the restrictions described in Section 3.3 above), is hereby declared, created, reserved and granted by Declarant over and upon those portions of the Multi-Family Tract (the "Parking and Roadway Easement Parcels") situated in each of the areas designated "Parking and Roadway Easement" on the Easement Plat. The foregoing parking easement burdens each of the Parcels and benefits each of the other Parcels, but neither benefits nor burdens the Senior Tract(which shall have parking separate and 20639236 independent from the parking on the Multi-Family Tract). The easement granted herein shall be subject to the provisions of Section 3.3 hereof(and all parking rules and regulations promulgated by the Approving Body). 6.7 Perimeter and Pond Fencing Easements. A perpetual non-exclusive easement for the construction and installation of the Perimeter and Pond Fencing is hereby declared, created and granted to the Approving Body by Declarant and McShane Corporation over, under and upon those portions of the Property (the "Fence Easement Parcels") designated "Fence Easement" on the Easement Plat. 6.8 Project Signage Easements. A perpetual, non-exclusive easement for the installation and maintenance of traffic, directional, informational and other similar signage is hereby declared, created and granted to the Approving Body by Declarant and McShane Corporation over and upon those portions of the Exterior Easement Area reasonably deemed necessary by the Approving Body to provide for (a) the efficient flow of traffic, (b) information concerning the location of various improvements on the Property and (c) other information deemed necessary or useful by the Approving Body for efficient and proper operation of the Property as an integrated project. 6.9 Entrance Treatment Easement. A perpetual, non-exclusive easement for the installation and construction of the Entrance Treatments is hereby declared, created and granted to the Approving Body by Declarant and McShane Corporation over, under and upon those portions of the Property (the "Entrance Easement Parcels") designated "Entrance Easement" on the Easement Plat. 2� 20639236 6.10 Ingress and Egress Easements. Perpetual, non-exclusive easements for ingress and egress (a) to and from Lincoln Avenue from and to the Property via the Main Roadway, (b) to and from each Tract and Parcel from and to the Main Roadway, and (c) to and from each Parcel from and to each other Parcel via the roadways and driveways located in the Parking and Roadway Easement Parcels, are hereby declared, created, granted and reserved by Declarant and McShane Corporation over and upon those portions of the Property designated as the "Main Roadway Easement" or the "Parking and Roadway Easement" on the Easement Plat. The foregoing ingress and egress easement burdens each of the Tracts on which the Main Roadway or any Parking and Roadway Easement Area (or any portion thereof), as the case may be, is located, and benefits those Tracts, intended to be benefited thereby, as described in the Easement Schedule. 6.11 Maintenance Easement. A perpetual, non-exclusive easement in favor of the Approving Body for the maintenance, repair, replacement and renewal (including, without limitation, all of the activities described in subsection 5.4(a) above) of all of(a) the Drainage Facilities, (b) the sanitary sewer lines, (c) the parking areas (including parking areas on the Senior Tract or on the Multi-Family Tract, but excluding the Indoor Garage Parking), (d) the Perimeter and Pond Fencing, (e) the Entrance Treatments, (f) the landscaping, exterior lighting and other land design features, (g) the roads and drives, and (h) the other improvement to the Property (excluding buildings and signage intended for the exclusive use or benefit of an individual Tract), is hereby declared, created, reserved and granted by Declarant and McShane Corporation over, under and upon(i) the Drainage Easement Parcels, the Sanitary Sewer Easement Parcels, the Parking and Roadway Easement Parcels, the Main Roadway, the 3 Li 20639236 Entrance Easement Parcels, and the Fence Easement Parcels, respectively, and (ii) the Exterior Easement Area (with respect to the maintenance, repair, replacement and renewal of landscaping, exterior lighting and other land design features), to enable and permit the Approving Body to perform all maintenance in accordance with the provisions of Section 5.4 above. In addition to the foregoing, the Approving Body shall have access to the areas adjacent to, and outside of, the foregoing easement areas to enable it to perform the maintenance activities permitted therein, provided that any activities outside of such easement areas shall be conducted as close to said easement areas as practicable and in such manner as to minimize interference with the use and enjoyment by the Owners of their respective Tracts. 6.12 General Utility Easement. A perpetual, non-exclusive easement for the installation, construction, maintenance, repair and replacement of additional sanitary or storm sewer, water, electric, telephone, gas and cable lines, equipment and facilities, and other utilities, is hereby declared, created and granted by McShane Corporation to Developer (and to the Village and all utility companies and other Persons to which, and only to which, Developer expressly grants its permission in writing) over, under, upon and across the western twenty- five (25) feet of the Senior Tract, which area is designated "General Utility Easement" on the Easement Plat. 6.13 Granting of Additional Easements; Relocation of Easement Areas. The right is hereby reserved to the Approving Body to: (a) adjust and revise the location of the easement areas set forth herein to conform same to the actual as-built locations of the improvements intended to be covered thereby; (b) grant additional easements over any portion of the Exterior Easement Area to utility companies or other third parties to facilitate the development of the 20639236 Property for its intended purpose; and (c) grant additional easements over any portion of the Exterior Easement Area to reasonably facilitate pedestrian ingress and egress to and from the Property to the train station located to the west of the Property (including the installation of a pedestrian shelter in the proximate location of said train station); provided, however, that the Approving Body shall only exercise its rights under clauses (b) and (c) in such manner as to not materially interfere with the use or enjoyment of any Tract encumbered thereby. The foregoing rights may be exercised by the Approving Body by the unilateral execution and recording in the Real Estate Records of the applicable easement agreements and/or amendments; provided, however, that, at the request of the Approving Body, the Owner(s) of, and other Persons holding any interest in, the Tracts affected thereby shall join in the execution and recording of such agreements and/or amendments. The Approving Body shall provide written notice to any Owner (or Sub-Association acting on behalf of any Owners) on whose Tract the new or revised easements will be granted prior to the recording or use of same. ARTICLE 7 DEVELOPER'S EXPANSION RIGHTS 7.1 Right to Add Property. Developer shall have the right, from time to time, to add additional real estate to the "Property" covered by this Declaration, including, without limitation, the SP Property, provided such additional real estate (a) is adjacent to the Property (as previously expanded) and (b) will be used for residential, commercial or other purposes approved by the Village. Developer shall exercise its right set forth in this Section 7.1 by recording in the Real Estate Records a declaration to that effect executed by Developer (and by the Owner of the additional property, if different from Developer), containing all appropriate 2063923E amendments to this Declaration required to properly add such additional property to the "Property" covered hereby. Upon any such addition of property, this Declaration, and all of the provisions hereof(including, without limitation, the right to all easements and the use of all common facilities), shall become binding on and inure to the benefit of the Owners and Occupants of such property and all other persons having an interest therein. Developer may not exercise its rights under this Section 7.1 in any manner that will materially interfere with the operations on the Senior Tract or materially increase the overall costs payable by the Owner of the Senior Tract (although aggregate costs may be increased to the extent such increases are offset by the reduction of the applicable Percentages) without the prior written consent of the Owner of the Senior Tract. 7.2 Modification of Improvements to Service Additional Property. In the event that Developer intends to develop the SP Property or other additional property that is adjacent to the Property (whether or not such adjacent property will be encumbered by this Declaration), Developer shall have the right, at its cost and expense to: (a) relocate or otherwise expand or modify access roads, parking areas (excluding Indoor Garage Parking), sewer, water and other utility lines, ponds and other Drainage Facilities, fences, sidewalks and other improvements (excluding buildings) servicing the Property (and relocate, or expand or modify, the applicable easements in connection therewith) to enable the SP Property or other additional property to gain access to, tap into or otherwise utilize such improvements in the development, use and operation of the SP Property or other additional property, provided that: (i) the Village approves same; and (ii) the number of parking spaces on the then existing Property is not reduced. Without intending to limit the generality of the foregoing, Developer 20639236 shall have the right to increase the size of the retention ponds located on the Property to accommodate additional drainage from such additional development. In addition to the foregoing, the Developer shall have the right to grant reasonable easements over the Property in favor of the SP Property in connection with any changes to the drainage, sewer or other facilities or utilities currently serving the SP Property that Developer reasonably believes will be beneficial to the SP Property and either beneficial or neutral to the Property. Developer may not exercise its rights under this Section 7.2 in any manner that will materially interfere with the operations on the Senior Tract or materially increase the overall costs payable by the Owner of the Senior Tract (although aggregate costs may be increased to the extent such increases are offset by the reduction of the applicable Percentages) without the prior written consent of the Owner of the Senior Tract. 7.3 Restriction on Granting of Access, Utilities or Other Services to SP Property. Except as provided in Section 7.2 above, for a period of fifteen (15) years from and after the date hereof, no Owner, nor the Association or any other Person with an interest in the Property, shall convey, grant an easement, license or otherwise transfer or permit the use of any of the Property or any portion thereof, interest therein, or improvements thereon, for the purpose or with the intent of providing access, utilities or other services or assistance to or with respect to the development of the SP Property, without, in each instance, the prior written consent of the Developer, which consent may be granted or withheld by Developer in its sole and absolute discretion. ARTICLE 8 MANAGEMENT AND CONTROL; COSTS; ASSOCIATIONS 3 �' 20639236 8.1 Creation of Association. At any time selected by the Developer prior to the Completion Date, an owners' association shall be created hereunder and such association shall thereafter constitute the "Association" described in this Declaration. Developer shall cause to be prepared and filed as required, all necessary articles of incorporation, by-laws, rules and regulations and other documents reasonably deemed necessary by Developer in connection with the formation of such association (collectively, the "Association Documents"), and all Owners and other Persons having any interest in the Property shall execute and deliver to Developer all such Association Documents reasonably required by Developer in connection therewith. In the event that any Owner or other such Person fails or refuses to execute any of the Association Documents, Developer shall have a power of attorney to execute same, which power of attorney shall be deemed to be coupled with an interest and irrevocable so long as this Declaration is in effect. All of the Association Documents shall be deemed to be part of this Declaration and are hereby incorporated herein, whether or not recorded against the Property (which recording shall be at the discretion of the Approving Body). The Association Documents shall provide for voting rights, control, proportionate obligations for costs and expenses and other rights, benefits, duties and obligations of the Owners, as customarily governs such associations and are consistent with the other provisions hereof, including, without limitation, the Percentages set forth in Section 8.5 below. In the event that any portion of the Property is submitted to the Condominium Act, then, to the extent applicable, the Association Documents shall recognize that the Association is a "master association," as described in the Condominium Act, and all of the requirements in the Condominium Act 3 • 20639236 applicable to master associations shall be included (either explicitle062e92a5in the Association Documents, including, without limitation Sections 18(c) - (h) of the Condominium Act. In the event that the entire Property is submitted to the Condominium Act pursuant to a single condominium declaration, the condominium association formed pursuant to such condominium declaration shall constitute the "Association" hereunder. 8.2 Property Management and Control. Prior to the Completion Date, Developer shall maintain control and governance, in its capacity as the "Approving Body" hereunder, of development, construction, maintenance and overall property management operations of the Property in the manner set forth in this Declaration. Following the Completion Date, such control and governance shall be turned over to the Association, which shall act on behalf of the members of the Association (i.e. the Owners, or any Sub-Association acting on behalf of any of the Owners), in administering the property management activities of the Approving Body. 8.3 Hiring of Third Parties; Delegation of Duties. The Developer and the Association each shall have the right to delegate any authority and control that has been delegated to such Person hereunder, and may hire a property management company and/or other employees, contractors and vendors to perform any of the maintenance or other activities described herein, and may pay such Persons such sums as Developer or the Association, as the case may be, deems appropriate. The amounts so paid shall be deemed to be additional expenses associated with said maintenance or other activities and shall be reimbursed to Developer or the Association by the Owners based on their respective Percentages, as more fully provided in Section 8.5 hereof. Developer or the Association may hire and pay affiliated Persons to perform any of said maintenance or other activities, provided that the amount paid 20639236 to such affiliates is fair and reasonable compensation consistent with market rates for such services. 8.4 Delegation of Owners' Rights and Obligations to Sub-Associations. In the event of the formation of any Sub-Association representing any Owners, such Sub-Association shall be vested with all of the rights and obligations otherwise delegated hereunder to the Owners that are members of such Sub-Association, including, without limitation, all of the collective voting rights and payment obligations of said Owners. The Developer, the Association and all other Owners shall be entitled to rely on the acts of each Sub-Association on behalf of the Owners that are members of such Sub-Association for all purposes hereunder. The condominium declaration or other primary document governing each Sub-Association shall recognize such Sub-Associations' (and its members') obligations under this Declaration and the Association Documents, and in the event of any inconsistency between the provisions of the documents governing any Sub-Association and the provisions of this Declaration or the Association Documents, the provisions of this Declaration and the Association Documents shall govern and control. Nothing in this Declaration or the Association Documents shall prohibit the members of a Sub-Association from allocating among themselves the duties, obligations and liabilities of such Sub-Association hereunder; provided, however, that such allocation shall only apply to and among the members, and shall not affect the Sub-Associations' (and/or its members') ultimate responsibilities to perform and observe all of the provisions hereof. As of the date hereof, the Senior Tract and Parcel D have been submitted to the Condominium Act pursuant to the Condominium Declaration, and certain other parts of the Property may hereafter be submitted to the Condominium Act pursuant to such Condominium Declaration. � l Unless and until all of the Property is made subjecft&suuclfCondominium Declaration, the condominium association formed pursuant thereto shall constitute a Sub-Association hereunder, representing all of the Owners whose Tracts are subject thereto. In the event that all of the Property is made subject to such Condominium Declaration, then the condominium association formed pursuant thereto shall act as and constitute the "Association" under this Declaration as well. 8.5 Reimbursement for Costs; Indemnity; Errors and Omissions Insurance. (a) The Owners (and any Sub-Associations representing any groups of Owners) shall reimburse the Approving Body for all reasonable costs and expenses incurred by the Approving Body in connection with the management, administration, operation, maintenance, repair, replacement, renewal and supervision of the Property, or any portion thereof pursuant to this Declaration, including, without limitation, all management fees, snowplowing costs, landscaping costs, all maintenance and repair expenses, accounting and legal fees, appropriate allocation of salaries and benefits of employees and other charges of contractors and vendors (as allocated under Section 5.4(a) above, to the extent applicable). Each Owner (and any Sub- Association representing any group of Owners) shall be responsible for the payment of its proportionate share of all such costs and expenses in accordance with the percentages provided in Schedule 3 attached hereto (the "Percentages") or as otherwise provided in Section 5.4(a) above. If and to the extent such costs and expenses are incurred by Developer, then Developer shall have the right to bill the Owners (or Sub-Association, if applicable) directly for such amounts and shall have a lien and all other rights and remedies for the collection thereof, whether provided under Section 5.1 or any other provision hereof, or at law or in equity. The Y 20638236 Developer shall have the right to charge the Owners an administrative fee, not to exceed ten percent(10%) of the total costs otherwise incurred by, and reimbursable to, Developer hereunder, to compensate Developer for its internal expenses and overhead. (b) The Owners (and each Sub-Association representing any group of Owners) shall indemnify, defend and hold Developer and the Association, and their respective officers, directors, partners, limited liability company members and managers, and affiliates (collectively, "Indemnitees"), harmless from and against any and all losses, costs, damages, claims, liabilities and expenses (including court costs and attorneys fees) suffered or incurred by any of the Indemnitees in connection with any act or omission taken (or not) pursuant to or in connection with this Declaration, including, without limitation, all the activities described in Article 4 above, provided such act or omission is taken (or not) in good faith and without gross negligence or intentional misconduct of said Indemnitee. To the maximum extent permitted by law, Developer hereby disclaims any fiduciary duty to any Owner, the Association or any Sub- Association and, in any event, shall never be construed to be a partner or associate of any Owner, the Association or any Sub-Association. (c) Developer and the Association, and their respective officers, directors and other employees or agents having any control over the activities at the Property may purchase, or cause to be purchased on their behalf, insurance against errors, omissions, mistakes of judgment and other similar claims or liabilities, in such amounts as they may reasonably require, and the insurance premiums associated therewith shall be reimbursed by the Owners as an additional cost of managing the Property pursuant to subsection 8.5 (a) above. 2063923G (d) Except as provided in subsection(c) above or as otherwise deemed necessary by the Approving Body, the Approving Body shall be under no obligation to maintain any insurance with respect to liabilities and claims that may arise with respect to the ownership or operation of the Property for the protection of the Owners. Each Owner shall be responsible to purchase its own insurance. (e) Each Owner shall be responsible for the payment of all real estate taxes and assessments levied against the Tracts owned by such Owner. 8.6 Rules and Regulations. In addition to the other restrictions, conditions and obligations set forth in the provisions of this Declaration, the Approving Body shall have the right to adopt, amend and enforce all reasonable rules and regulations deemed necessary for the proper and efficient operation, maintenance and administration of the Property in a manner consistent with the purposes described herein. Upon the adoption or amendment of any such rules or regulations, the Approving Body shall deliver notice and a copy thereof to all Owners in accordance with the provisions of Section 9.10 below. ARTICLE 9 MISCELLANEOUS SECTIONS 9.1 Term. This Declaration shall be perpetual and continue in full force and effect unless and until it is terminated by an amendment providing for such termination entered into and recorded in the Real Estate Records, subject to and in accordance with the provisions of Section 9.2 below. 9.2 Amendment. This Declaration(and any cost-sharing, voting or other material rights and obligations of the Owners set forth in the Association Documents) may be amended (IL 20639236 by an instrument executed by Owners, or by Sub-Associations representing Owners, holding no less than seventy-five percent (75%) of the Percentages, provided: (a) Developer's written consent thereto shall be required to any amendment prior to the Completion Date and also shall be required after the Completion Date with respect to any amendment that materially adversely affects the Developer's rights hereunder; (b) no amendment shall materially adversely affect in any manner any obligations with respect to the Owner of the Senior Tract without the consent of such Owner; and (c) no amendment shall materially adversely affect the rights of a holder of a security device as described in Section 5.3 without such holder's consent. Notwithstanding anything set forth herein to the contrary: (i) the foregoing provisions of this Section 9.2 shall not affect the rights of Developer or the Association to unilaterally supplement, modify, amend or administer the provisions of this Declaration pursuant to other express rights granted to such Persons under the provisions of this Declaration; (ii) to the extent that any proposed amendment to this Declaration involves only easements, covenants, restrictions or other provisions hereof which do not benefit or burden a particular Tract or Tracts, the Owners of, and other Persons having any interest in, such Tract or Tracts shall not be entitled to vote on such amendment, and their consent thereto shall not be required, and the percentage required to approve such amendment shall be calculated without consideration of the Percentages of such unaffected Owners; and (iii) under no circumstances shall any amendment hereto affect Developer's right to develop the Property in accordance with the Zoning Documents (as the same may be amended from time to time), and Developer may unilaterally supplement, amend or modify this Declaration, as reasonably deemed necessary by Developer, to enable Developer to develop the Property in accordance with the Zoning Documents (as the same may 20639236 be amended from time to time); provided, however, that the foregoing provisions of this clause (iii) shall not be deemed to modify the provisions of Section 4.10 above (which contain certain restrictions on Developer in favor of the Owner of the Senior Tract). All amendments shall become effective when recorded in the Real Estate Records. 9.3 Enforcement. The enforcement of the provisions of this Declaration shall be vested in the Approving Body; provided, however, if the Approving Body fails to act to begin enforcement of a provision hereof within a reasonable amount of time after the request of any Owner of the Senior Tract or any of the Parcels, or fails to diligently pursue such enforcement, then such Owner may take such actions as reasonably required to enforce same. A breach of any of the provisions of this Declaration shall give to the party entitled to enforce such provision the right to bring a proceeding at law or in equity against the party or parties breaching or attempting to breach this Declaration and to enjoin such party or parties from so doing or to cause such breach to be remedied or to recover damages resulting from such breach. A breach of this Declaration relating to the use or maintenance of a Tract or part thereof is hereby declared to be and constitute a nuisance and every public or private remedy allowed by law or equity for the abatement of a public or private nuisance shall be available to remedy such breach. In any legal or equitable proceedings for the enforcement of this Declaration or to restrain a breach thereof, the party or parties against whom judgment is entered shall pay the attorneys' fees and costs of the party or parties for whom judgment is entered in such amount as may be fixed by the court in such proceedings. All remedies provided under this Declaration, including those at law or in equity, shall be cumulative and not exclusive. The failure of a party having a right to enforce this Declaration to so do shall a4 Y � 20639236 not be deemed a waiver of the right of any other party having such right or a waiver to do so for a subsequent breach or the right to enforce any other provision of this Declaration. No party having the right to enforce this Declaration shall be liable for failure to enforce this Declaration. The Approving Body shall enforce and administer all of the provisions hereof in good faith and in a fair and equitable manner not unreasonably benefiting the Owners of one Tract over the Owners of the other Tracts. 9.4 Responsibility of Owners and Sub-Associations. Each Owner shall be responsible for any breach of this Declaration which is a result of its own acts or omissions or the acts or omissions of an Occupant of its property. Each Sub-Association shall be responsible for the acts or omissions and all duties and obligations of the members of such association. 9.5 Compliance with Law. Each Owner shall comply at all times with all applicable federal, state, county and municipal laws, ordinances, rules and regulations and with the applicable regulations of the local fire insurance rating organization having jurisdiction or any other organization or board exercising a similar function with respect to the construction, maintenance, operation and use of such Owner's Tract or improvements thereon. 9.6 Severability. If any of the covenants, conditions or other provisions of this Declaration shall be found void or unenforceable for whatever reason by any court of law or of equity, then every other covenant, condition and provision herein set forth shall remain valid and binding to the fullest extent permitted by law. 9.7 Owner's Liability. From and after the closing of the sale of any portion of the Property, the Owner, including Declarant, McShane Corporation or Developer, so selling shall 20839236 20639236 have no further liability for the obligations with respect to such portion of the Property which accrue after the date of the recording of the conveyance; provided, however, that nothing contained herein shall be construed so as to release from such portion of the Property any lien arising by reason of such liability, or release or relieve the selling Owner of such portion of the Property from any liabilities or obligations accrued under this Declaration prior to such recording. 9.8 Delay in Performance—Force Majeure. If the performance of any act or obligation under this Declaration is prevented or delayed by an unanticipated act of God, fire, earthquake, flood, explosion, action of the elements, war, invasion, insurrection, mob violence, terrorism, sabotage, malicious mischief, inability to procure or general shortage of labor, equipment or facilities, materials or supplies in the open market, failure of transportation, strike, lockout, action of labor union, condemnation, threatened condemnation, requisitions, laws, orders of government or civil or military or naval authorities or any other cause, whether similar to or dissimilar from the foregoing, not within the reasonable control of the Person required to perform such act or obligation(excluding, in all cases, a general inability to pay for or finance such act or obligation), then such Person shall be excused from the performance of such act or obligation for so long as such Person is so prevented or delayed by reason thereof. 9.9 Rule against Perpetuities. If and to the extent that any of the covenants herein would otherwise be unlawful or void for violation of(a) the rule against perpetuities, (b) the rule restricting restraints on alienation, or (c) any other applicable statute or common law rule analogous thereto or otherwise imposing limitations upon the time for which such covenants u � V 20639236 may be valid, then the provision concerned shall continue and endure only until the expiration of a period of twenty-one (21) years after the death of the last to survive of the class of persons consisting of all of the lawful descendants of George W. Bush (current President of the United States), living at the date of this Declaration. 9.10 Notices. Any and all notices required or desired to be given under the provisions of this Declaration must be in writing and shall be deemed to have been given (a) on the same date personally delivered to the intended recipient, (b) one business day after being sent to the intended recipient by nationally recognized overnight courier service or (c) two (2) days after being deposited in the U.S. mails, as registered or certified mail, return receipt requested, postage prepaid if(i) to an Owner, at the last known address of such Owner; or (ii) to Declarant, at AHW Enterprises,Inc., c/o Albert H. Wohlers, 750 North Prospect,Park Ridge,Illinois 60068; or (iii) to Developer, at The Woodlands of Morton Grove,L.L.C.,do The Elliott Group,Inc.,6301 Lincoln Avenue,Morton Grove, Illinois 60053, Attn: Lou and Mark Elliott; or (iv) to McShane Corporation at 6400 Shafer Court, Suite 400, Rosement, Illinois 60018, Attn: James McGill (or to such other address with respect to Developer, Declarant or McShane Corporation of which such Person notifies the other Owners, which notice to the other Owners may be given by recording a notice of change-of address in the Real Estate Records). 9.11 Binding Effect of Declaration. All the rights, covenants, agreements, easements, reservations, restrictions and conditions contained herein shall run with the land and shall inure to the benefit of and be binding upon Declarant, McShane Corporation, Developer, the Association, each Owner (and Sub-Association), and each subsequent holder of cf 20639236 any interest in any portion of the Property and their grantees, heirs, successors, personal representatives and assigns. 9.12 Captions. The title, headings and captions which have been used throughout this Declaration are for convenience only and are not to be used in construing this Declaration or any part thereof. 9.13 Governing Law. This Declaration shall be construed and applied in accordance with the laws of the State of Illinois. IN WITNESS WHEREOF, Declarant and McShane Corporation have caused this Amended and Restated Declaration to be executed as of the day and year first above written. DECLARANT: AllW ENTERPRISES, INC., an Illinois torpor. — By: ' ..rte.e------. Its: WViDen' 4/ McSHANE C 6 ` 'ORATION, an Illinois corporation By: 1411 Its: cvii e Pia -G''•s ,b, e. JS0 20639236 The following parties consent to the amendment of the Original Declaration as set forth in this Declaration. ELLIOTT H MEBUILDERS, INC. By: V'v rt6i . Its: residen TEE WOODLANDS O MORTON GROVE, U.i . f "Pevf I ZNC , (7'J MAN06EY� By: . Its: .11 ""a Phi.:5 Aert"r' By: Title: HOWARD SAVINe : BY: Ariit rAdo ' _ _" riri LASALLE BANK NATIONAL ASSOCIATIOIN By: Its: 2063923E The following parties consent to the amendment of the Original Declaration as set forth in this Declaration. ELLIOTT HOMEBUILDERS, INC. By: Its: President THE WOODLANDS OF MORTON GROVE, L.L.C. By: Its: Manager By: Title: HOWARD SAVINGS BANK By: Its: LASALLE BANK NATI• AL ASSOCIATIOIN By: �I Its: 'r' Vc y -443_ 20639236 STATE OF ILLINOIS ) SS. COUNTY OF ) I, , a Notary Public in and for the County in the State aforesaid, DO HEREBY CERTIFY that , the of AHW ENTERPRISES, INC.,an Illinois corporation, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument in such capacity, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth GIVEN under my hand and notarial seal this_day of , 20_ Notary Public STATE OF ILLINOIS ) SS. COUNTY OF Qw.h ) I, L 1 N DA- N OtO , a Notary Public in and for the County in the State aforesaid, DO HEREBY CERTIFY that it m AV GILL. ,the e)Ceconvv 14(20 -fti)OHr-51, of McSHANE CORPORATION, an Illinois corporation, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument in such capacity, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth GIVEN under my hand and notarial seal this L.' day of 'Ss i , 20011 " OFFICIAL 5E1 " II. aUa LINDA NOTO Notary '.blic NOTARY PUBLIC,STATE OF ILLINOIS STATE OF ILLINOIS ) MY COMMISSION EXPIRES 11/2/2003 SS. COUNTY OF Le°�' ) I, Lunn fl N vrD , a Notary Public in and for the County in the State aforesaid, DO HEREBY CERTIFY that M&4& asivr , the C✓r651 r7.ai' of ELLIOTT HOMEBUILDERS, INC., an Illinois corporation, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument in such capacity,appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth GIVEN under my hand and notarial seal this [day of Mill ,20r�! l e 106 " OF F I C I Attar);tuniE LINDA NOTO NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 11/2/2003 J---:...2 STATE OF ILLINOIS ) 2063323 ; ) SS. COUNTY OF CroU1/4- ) L 'N bA N aS o , a Notary Public in and for the County in the State aforesaid, DO HEREBY CERTIFY that MAMA Et ..wpl' , the Adzes/ft-1,A- of -rex CU.-w T At o p,rive , which is the manager of THE WOODLANDS OF MORTON GROVE, L.L.C., an Illinois limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument in such capacity, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth GIVEN under my hand and notarial seal this3.t day of W)41 ,, 200V " OFFICIAL SEAL " LINDA Nay Public NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 11/2/2003 STATE OF ILLINOIS ) ) SS. COUNTY OF Cwvks ) L,N 9a CV° , a Notary Public in and for the County in the State aforesaid, DO HEREBY CERTIFY that qL-ntr)A 91(2pp/Oortt ays , the lieP4/015N1+ of HOWARD SAVINGS BANK, a corporation, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument in such capacity, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth GIVEN under my hand and notarial seal this +P are, 'TUNE 21 . • ( / ,(s "OFFICIAL SEAL NRiPO1 JJtTO NOTARY PUBUC,STATE OF ILLINOIS STATE OF ILLINOIS ) MY COMMISSION EXPIRES 11/2/2003 ) SS. COUNTY OF/C/00� ) I, I (ffi'ci°' /2 'Z--//� , a Notary Public in and for the Cot9ttty " the State aforesaid, DO HEREBY CERTIFY that /ttien r ,C'. f41Cye64r le , the l"J- V!/ of LASALLE BANK NATIONAL ASSOCIATION,who is personally known to me to be the same person whose name is subscribed to the foregoing instrument in such capacity, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said Bank, for the uses and purposes therein set forth GIVEN under my hand and notarial seal thisl/nt_day of JON( , 20 0:3 r.'.v.'rw�w`^""n„'AAAAAr^^^^M^�. No Public / OFFICIAL SEAL MARIA T ESPARZA NOTARY PUBLIC,STATE OF ILLINOIS , MY COMMISSION EXPIRES:O4/12/03 / 20639236 SCHEDULES AND EXHIBITS Schedule 1 - Easement Schedule (Description of Easements) Schedule 2 - Drawing of SP Property Schedule 3 - Percentages Exhibit A - Easement Plat (including legal descriptions) Jam — 2063y236 SCHEDULE 1 EASEMENT SCHEDULE SCHEDULE OF PARCELS BENEFITED BY CERTAIN EASEMENTS Description of Easement Declaration Benefited Tract(s) (Nature and Location) Section Reference DRAINAGE EASEMENT 6.4 ALL TRACTS SANITARY SEWER 6.5 ALL TRACTS EASEMENT INGRESS AND EGRESS 6.10 ALL TRACTS EASEMENT OVER MAIN ROADWAY INGRESS AND EGRESS 6.6 and 6.10 ALL PARCELS;NOT SENIOR EASEMENT AND PARKING TRACT EASEMENT OVER PARKING AND ROADWAY EASEMENT PARCELS Yte • Schedule 2 20 Drawing Of SP Property 633236 Wit. \ , C "N` Pt G t . f •\ ., n.\ n \n; y 'Er ® - Pra rt ® Y PtA • S7 20639236 SCHEDULE 2- CONTINUED LEGAL DESCRIPTION OF SP PROPERTY PORTION"A":OF THOSE PARTS OR PARCELS 1,2,4,5 AND 6(DESCRIBED ELSEWHERE HEREON)DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF LOT"A"IN"BAXTER LABORATORIES CONSOLIDATION",BEING A SUBDIVISION IN THE WEST HALF OF SECTION 20,TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY,ILLINOIS,ACCORDING TO THE PLAT THEREOF RECORDED IN THE COOK COUNTY RECORDER'S OFFICE ON APRIL 24, 1947,AS DOCUMENT NO. 14042019,THENCE NORTH 88°47'50"EAST ALONG THE SOUTH LINE OF SAID LOT"A"A DISTANCE OF 129.69 FEET TO A POINT,SAID POINT BEING ON THE SOUTHERLY EXTENSION OF THE WESTERLY EXTERIOR WALL OF A 1 'A STORY BRICK BUILDING,SAID POINT BEING THE POINT OF BEGINNING,THENCE NORTH 01° 11' 10" WEST ALONG THE WESTERLY EXTERIOR WALL AND THE SOUTHERLY EXTENSION OF SAID WESTERLY EXTERIOR WALL OF SAID 1 '/ STORY BRICK BUILDING,A DISTANCE OF 519.36 FEET,TO A CORNER OF SAID BUILDING,THENCE ALONG THE EXTERIOR WALL OF SAID BUILDING NORTH 88°48'57"EAST A DISTANCE OF 59.92 FEET TO A CORNER OF SAID BUILDING,THENCE NORTH 01°05'23"WEST ALONG THE EXTERIOR WALL OF SAID BUILDING AND THE NORTHERLY EXTENSION OF SAID EXTERIOR WALL A DISTANCE OF 122.03 FEET, THENCE NORTH 48° 11'12"EAST A DISTANCE OF 79.86 FEET,THENCE NORTH 20°40'42"EAST A DISTANCE OF 238.40 FEET,THENCE NORTH 03°18'29"EAST A DISTANCE OF 211.18 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT"N'IN"BAXTER LABORATORIES CONSOLIDATION",THENCE ALONG THE NORTH LINE OF SAID LOT"A"SOUTH 69°19'46"EAST A DISTANCE OF 35.62 FEET TO THE NORTHEAST CORNER OF SAID LOT "A",THENCE ALONG THE EASTERLY LINE OF SAID LOT"A"SOUTH 03°18'29"WEST A DISTANCE OF 211.29 FEET,THENCE SOUTH 17°01'45"WEST A DISTANCE OF 178.17 FEET,THENCE SOUTH 88°26' 12"EAST A DISTANCE OF 235.98 FEET,THENCE SOUTH 00°00'00"WEST A DISTANCE OF 164.31 FEET,THENCE NORTH 88° 47'43"EAST A DISTANCE OF 251.26 FEET,THENCE SOUTH 00°00'00"WEST A DISTANCE OF 54.01 FEET,THENCE NORTH 88°47'43"EAST A DISTANCE OF 308.80 FEET,THENCE SOUTH 00° 12' 18"EAST A DISTANCE OF 502.42 FEET,THENCE SOUTH 88°47'50"WEST A DISTANCE OF 969.53 FEET TO THE POINT OF BEGINNING. PARCEL 1:LOT"A"IN BAXTER LABORATORIES CONSOLIDATION OF PART OF THE WEST HALF OF THE NORTHWEST QUARTER AND PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20,TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY, ILLINOIS. PARCEL 2:ALL OF LOT 5 IN OWNERS SUBDIVISION OF LOTS 36,37,38 AND 39 OF THE COUNTY CLERK'S SUBDIVISION OF SECTION 20 AND THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER(E.'A OF N.E.Y) OF SECTION 19,TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,EXCEPT THAT PORTION OF SAID LOT LYING NORTH AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 5,330.82 FEET NORTH OF THE SOUTHEAST CORNER OF THE WEST HALF(W.1/2)OF THE NORTHWEST QUARTER(N.W.'''A)OF SAID SECTION 20,THENCE NORTH 88°25' 12"WEST 196.90 FEET,THENCE NORTH 03°13'40"EAST 66.84 FEET,THENCE NORTHWESTERLY 1.21 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID LOT,SAID ANGLE POINT BEING 245.84 FEET(AS MEASURED ALONG THE WESTERLY LINE)SOUTHERLY OF THE MOST NORTHERLY CORNER OF SAID LOT,ALL IN COOK COUNTY, ILLINOIS. PARCEL-3:THAT PART OF LOT THIRTY-FOUR(34)LYING EAST OF THE RIGHT-OF-WAY OF THE CHICAGO, MILWAUKEE,ST.PAUL AND PACIFIC RAILROAD COMPANY(EXCEPT THAT PART THEREOF CONVEYED TO THE CHICAGO,MILWAUKEE AND ST.PAUL RAILROAD COMPANY,A CORPORATION OF ILLINOIS,BY DEED DATED SEPTEMBER 11, 1872,AND RECORDED SEPTEMBER 12, 1872 IN BOOK 173,PAGE 18,AS DOCUMENT 55574)IN THE COUNTY CLERK'S DIVISION IN THE WEST HALF OF SECTION 20,TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY,ILLINOIS. PARCEL 4:THE NORTH 54.00 FEET OF THE SOUTH 62.50 FEET OF THE WEST 264.00 FEET OF THE SOUTH'A OF THE SOUTHEAST'A OF THE NORTHWEST'A OF SECTION 20,TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY,ILLINOIS,(EXCEPT THE EAST 12.80 FEET THEREOF). '8 20639236 SCHEDULE 3 PERCENTAGES Owner of Senior Tract - 36.1% Owners of Multi-Family Tract Parcel A - 2.05% Parcel B - 2.05% Parcel C - 1.02% Parcel D - 15.16% Parcel E - 15.16% Parcel F - 15.16% Parcel G - 1.02% Parcel H - 2.05% Parcel 1 - 1.02% Parcel J - 2.05% Parcel K - 1.02% Parcel L - 2.05% Parcel M - 2.05% Parcel N - 2.05% Sub-Total 63.90% Grand Total 100.00% CP 0 20633236 PARCEL 5:THE WEST 560.00 FEET OF LOT 26 IN THE COUNTY CLERK'S DIVISION OF THE EAST'/ OF THE NORTHEAST''A OF SECTION 19,AND ALL OF SECTION 20,TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY,ILLINOIS. PARCEL 6:THE WEST 560.00 FEET OF THAT PART OF THE NORTH'A OF LOT 27 LYING EAST OF THE WEST LINE OF THE NORTHEAST'''A OF THE SOUTHWEST'A OF SECTION 20 ALL IN THE COUNTY CLERK'S DIVISION OF SAID SECTION 20 AND THE EAST'OF THE NORTHEAST'OF SECTION 19,TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,N COOK COUNTY,ILLINOIS. 2063923' Notwithstanding the foregoing,the Owners(or Sub-Association representing the Owners)of one or more of Parcels A,B, C,D,E, F, G,H, I,J, K,L, M and/or N may reallocate the foregoing Percentages among them without the consent or approval of any of the other Owners. In the event that any additional property is added to this Declaration pursuant to Article 7 above, the Developer may reallocate the Percentages in a fair and equitable manner,as reasonably determined by Developer, subject,however,to the restrictions on increasing overall costs to the other Owners, as provided in said Article. EXHIBIT ATTACHED PLAT OF SURVEY THE WOODLANDS OF MORTON GROVE PARCEL T WOODLANDS TRIANGLE mamas scale r = 50 umcznAL ARm Mena....Pml onLorvrs,wvc / '�-P � 4".'e 4 I �EYNN k50.ER RESXN1K PARCEL �'4_'Pf/W YIRIX IIWC PARCEL (p.,„aity s„,..„,,,) / MCA UWIC � ww® BitOR,n ■ / Id9IXBM PP R¢L 1 Mmnu cN.R4. 0"Cr.our aMml PF'a PARCEL / INLN�n STEC} \ T PARcE,A i l(PRfB fll )B.t siTTE I.PL'y RE9cEoSa P,aca PµQL S Ices.ols-sr; \ 6' :Las nEDV Ip r s Putm Pwam l P. (R.ui4v s9P�) e ,,/ �9ifxv9lYr® 1 et-con/SLY ) \ 2 /µP �µ (my S 4dnm PMCp p jq Iwe'ps.9MIR0. T S. RIRL PACE RECOENCAL PMm rzzYousz stoma) cAn N (PREvaaV usrrm) l Tj1 6 Ir3rysv SW-1M p a ■ \ P b yd 9a c1a61 5 d � BE V IwEVaystrum) a 1 RES100111.,PARCEL in ISM„ — M�MI � — _Maisie ♦NlI.Y / eq ii \ \ 19 7 2 PARCEL i IPlns.awlrzm R RESterAL PARCEL WOODLANDS TRIANGLE I¢■ a ..�1 ��..m.....�*� ••.. sraAY♦ �s moss'. s� 11! ua..e .asp vsm x. • PLAT OF SURVEY THE WOODLANDS OF MORTON GROVE PARCEL T WOODLANDS TRIANGLE Norp',..;-,.. AI 7x ; Scele 1" = 50' u 1 ALL Paff.. r.aws.sin I / P,aa, rc4 MP mL S4"rye Im1.ws .A%. '9 L P.Pm:n=\� [ 4y -'.E PE9[d'LL P IDax N'116 PIMSL >2r 9Mnm: NC R.ce LOPP)NC / / ewes / Irt).09-09Nn6. / (a.a uam o£ "ate'a / PEaa.MV..Pwa41 lunar awwnm. WrSDENTAL PAP= \ PARCEL L \� (w=wa.vw..ml PESOE1nu FaCD. "as { vums Piv�'TU.PAR= ("a.Ow>awrtl v ra nrtOl/ A IPeracr m \ \ / �Pacu a ME a a P.am. PESCEPdTa.PARCEL I i• Im I I w PM=P T PAR= PE9,„ B.P°, , .9.m) (P .�T� T. \ \ 4 % s a \ ,...._c , s 1 \ �9 OENn.L a In))OSr sYT0) I � s I IP a�nay I — Pcm of 99Mn9 �J wand nvge tw s04Aa r�, �� % / '/ '4414 a i + q j 1 ll I S i y Ppntiyv ;3 !I \ '94g .561'9 an • W 1 PARCEL T 1.14 "i PAP= r I WOODLANDS TRIANGLE rV �'-----..,., E i 33Ii . ., r. II °gat , a w \\ ta, a.. .n s �-� 1 PLAT OF SURVEY I THE WOODLANDS OF MORTON GROVE PARCEL T WOODLANDS TRIANGLE KOLSOSIL ii‘i; \ 5- atti500 Scale 1" = 50 ¢90.m s PARCEL I r WYMMx' ENLPVYS LAO / I4cExn PAR GEL °drry Y "Sal Syr sin)) P MAL 9,411V u 10 PARCEL ��yy aln I I wm.., ..., / =.+mm / Mcc[NTN srmt (vM]9r 9Nn¢) 'ad'P / InWY4 Sr() ' Fuca A PESDENT AL PARCEL , NAP \ IR'.W • aP� \ PARCEL E9DEN M2 Pt ( sY awn / > /PHl"ra¢ n rn� 4 .S \ ICVSY"aom/ _ u v.(PRE`asr 9.314,0) )\ I P.w[a uEMNnr.PARCEL n • (0•0014,vwrm) a Fr I I�vocxn▪ aw.PARCEL " RESDEEnnk PARIS '\ "WvO.&P 0.00000 R I (RSCasr \ \ if % �. P¢Sn• ..n.) IwcVSae em) { T mm x m \ ▪ P e \ \�. \ \ . lk €***.e PESDExnrJ N PLG 5 \IRFVar SUMMED) 1 ti 5 usE I s p„,s.a°sa.* v- .J1 a45% r., *4,4 z- 1 S t / .acaiay `4l f; Ili 1i a :1 _ '. \ 1g-' d 39 T _ PARCEL T rva :`P'mom) = WOODLANDS TRIANGLE s Y...- -----.--- --.---...—,—. . I / 111 3 _ ssY• \ sv..59..LI. S 3 b... aro Nmwa ® r$I ue - P grc I Cr. V , ? PLAT OF SURVEY THE WOODLANDS OF MORTON GROVE PARCEL T WOODLANDS TRIANGLE w ,.a II ems era. aP�P_.9.,,,., ti � / � ''' .... i "'Ca Scale r = sa 1 9ESOENIIAL PARCEL / O L \ .C99a.�.�,w) wOPm s-NC Z sOEN11,P w PARCEL e Ste'R,I'e Aµ�� I ra9VLAe flE9ttvnµP rya,uar 99„19.) E{N�'(F W W PAPEL IRgor 9snm, �JI a r91C i PAFm C Hg +-mono, xi ryREveL Pswmv'i i; REseneen,PARER_ / (RW:9.Y&Je .iO1 A.-----__________ PuR 9 RESIDE-Nate PARCE: a€lSn P.ACE. rocs L I (^e4Crao 49.91190) _ nEiCdRAL PAPL¢ Mm K / P PAR=s Evuun \l r gg9mp)/ RES ENnAL PARCEL Puma 'a �L (suA'on PAR 1 p.mar mania) et `A RA ' a 1 xmE.;u P.;9. ., paws.arirnnl .uui PARC6 99 ..Ewer 9a9”Mv % ' P PAf... • yrµ°9 ` „R 9 I wa.,suPRAM I • Ta `t era P an9a.aerial t ReeneassE SlAirtel CI B pease E 1 fr I Per I Of 9, � — 11 - ms — t it s i �,Ii w F; , gP�' a e is 55w ^ P.Ra P ^ PARCEL T ( ':E no) 2 WOODLANDS TRIANGLE \ - fi j, .0 o �P 1 PLAT OF" SURVEY THE WOODLANDS OF MORTON GROVE PARCEL T WOODLAND TRIANGLE WOODLANDS TRIANGLE Part of the West Half of the Northwest Quarter of Section 20, Township 41 North; Range 13 East of the Third Principal Meridian, in the Village of Morton Grove, Cook County, Illinois, Described as Follows: Commencing at the Northeast Corner of the Northwest Quarter of the Southwest Quarter of said Section 20; Thence South 00' 11' 31" East along the East line of the West Half of said Southwest Quarter, 493.66 Feet to the South line of the North Half of the South -Half of the North Half of the North Half of said Southwest \\ Quarter; Thence South 88' 48' 59" West along said South line, 539.37 Feet to the Easterly line of Chicago - Milwaukee - St. Paul & Pacific Company Railroad; Thence North 22' 20' 02 West along sgr'd Easterly line, 1618.82 Feet to the Southerly Right of Way of Pobt of 8egInnJny Lincoln Avenue for the Point of Beginning; ,Thence South 66' 07' 45" East clong said Southerly line, 114.62 Feet; Thence South 69' 17' woodlonas Triangle . 16" East along said Southerly line, 81.98 Feet; Thence South 60' 06' 25" West, 60,29 Feet; Thence. South 67' 39' 58" West, 79.48 a "0' Feet to said Easterly line; Thence North 22' 20' 02" West along sold Easterly line, 146.63 Feet to the Point of Beginning. Containing 0.236 acres, More or Less. N , N WOODLANDS 29 L //4co TRIANGLE 60 625 „ N 0 25' 50' 100' 0 0 6 5 X9 9 $w PARCEL 0 Scale Z r = 50 RESIDENTIAL PARCEL .(PREVIOUSLY SUBMITTED) PARCEL P S 0 REMAINING DEVELOPER'S LAND RESIDENTIAL PARCEL �>>6" A/K/A PARCEL Q (PREVIOUSLY SUBMITTED) a0r¢6�NUF FORMER RESIDENTIAL PARCEL SENIOR LIVING PARCEL (PREVIOUSLY SUBMITTED) AND— SENIOR LIVING UNIT .rF a.,, ,,,�,,, - PAFcCEC HEREBY WITHDRAWN RESIDENTIAL PARCEL T. (PREVIOUSLY SUBMITTED) PARCEL R RESIDENTIAL PARCEL (PREVIOUSLY SUBMITTED) PARCEL B RESIDENTIAL PARCEL (PREVIOUSLY SUBMITTED) Z n 7�G7 PARCEL A O RESIDENTIAL PARCEL PARCEL L (PREVIOUSLY SUBMITTED) RESIDENTIAL PARCEL PARCEL K (PREVIOUSLY SUBMITTED) RESIDENTIAL PARCEL �. PARCEL S (PREVIOUSLY SUBMITTED) RESIDENTIAL PARCEL (PREVIOUSLY SUBMITTED) PARCEL J N RESIDENTIAL PARCEL (PREVIOUSLY SUBMITTED) 3 V •A 0 T+G PARCEL I y RESIDENTIAL PARCEL PARCEL M (PREVIOUSLY SUBMITTED) RESIDENTIAL PARCEL C (PREVIOUSLY SUBMITTED) �O n , a PARCEL D i', PARCEL H CV 0 RESIDENTIAL PARCEL O RESIDENTIAL PARCEL fro (PREVIOUSLY SUBWTTED) PARCEL N (PREVIOUSLY SUBMITTED) RESIDENTIAL PARCEL (PREVIOUSLY SUBMITTED) ir) O N PARCEL G R0 901 RESIDENTIAL PARCEL 5 1 (PREVIOUSLY SUBMITTED) �o 0 N W n I i PARCEL E S RESIDENTIAL PARCEL cn the East and West Quarter Section f (PREVIOUSLY SUBMITTED) Line of section 20 -41 -13 8 S 88*'52 5256 "W Point of Beginning Trion 9 g \\ Poht of canme went w00(jiQndS C�i@ '` The northwest northeast Corner the - Northwest Quu the of the Southwest Quarter of section 20-41 -13 NO„ •; O G - c • it ^'. L`..: %1 .ter.. • -. - _ .' - -_ __- _�_. - - ---- -- -_ -- ''', b y 61'3 PARCEL F w PARCEL T RESIDENTIAL PARCEL w WOODLANDS TRIANGLE (PREVIOUSLY SUBMITTED) 0 Scale: 1"--25' °o to State of Illinois) )S5 County of DuPage) I, Douglas R. McClintic, an Illinois Professional Land Surveyor, do hereby certify that the Plat shown hereon is a correct representation of a survey, performed at and under my direction, to the best of my knowledge and belief. The South Line of the North Half of the South Half c All dimensions shown In feet and decimal parts thereof. of the of Section of he N r Half of the Southwest rth Half y This professional service conforms to the current Illinois Minimum Standards for a boundary survey, a o �9 Given under y hand an seal on this 7th d of December, 2009. o PS �..M�C� �o o f PROFESSIONAL S 88'48'59" W S 88-48'59" W 409.51 Illin i rofe i nal Land Surve or No. 35 -2992 LAND SURVEYOR :" 129,86 539.37 7 STATE OF ILLINOIS i =_ g° y Renewable ri 7C'•, it -30-10 Survey No.: B930a.020 , Ordered By.: Elliott V m Description: The Woodlands Triangle JACOB k HEFNSii ASSOCIATES, P.C. Date Prepared: December 4, 2009 1901 ENGINEERS Yeyem Ro d, osuitte Sao • - Oakbrook Terrace, IL. 00181 ° FieId Work. cm T (630) 943 -9000 YA% (830) 942 -1774 Scale: 1 = 54 Prepared B : CM Si I EE 1 OF ! 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