RBS Citizens, N.A. v. Tayyab Cab Corporation et al

Filing 19

MOTION by Plaintiff RBS Citizens, N.A. for judgment (Attachments: # 1 Exhibit)(Nelson, William)

Exhibit 1

g

Charter One®

MODIFICATI.ONIEXTENSION AGREEMENT TO COMMERCIAL UNE NOTE
This MODtFtCATIONIEXTENSIO.N AGREEMENTis entered 'illlo at Providence* Rhode Istand, as

Ob - .dJ· 6 -

of

, 2012,

between Tayyab Cab Corp.•_ an IUifl(ri$ corporation, with an

address of2231 South wabash Avenue. Chicago; Illinois 80616 (the

division of

Ras Citizens.

"8orrowet1 and Charter One, a

N.A.,, a national banking association with an aqdress of One Cltizens Plaza,

Providence, Rhode Island 02903. (the JtBank',), successor to Charter One Bank, .N.A (collectively, ''the
Bank").
pril}Ci~t

WHEREASl the Bank has made a loan to the BorrQWer in tOe original
$1001000.00 (the "Loan"};

amount of

WHEREAS, the Loan is evidenced by that certain Coml11&rCial Line No~ dated Aprll 14, ~006
{as previously amended, modifted .or supplemented, ~ ''N~t), by th& Borrower ln·favor of the· Bank in
the original principal amount of$100,noo.oo which matures on December 14, 2020 (the ·~atuoty [){ate");
WHEREAS~ In connection with the. LoJn; B«roWE~r enter~ irtto that ~rtatn Susin•·loan and
Security Agreement, dated ~ptil14t ~- (a$ pre~ iill:n~nded, rng,qiflefj or supplemented, thf.l "Loan

Agreemenf'};

WHEREAS. asturtn.,-·s$Cl.U'Ity f9r the .l~$rl, the Sank has P&~. gcanteJ;t a Mortgag~ dated April
a 2.011 and. recQrded at th~ Qgok C<>unty R•rd$1" of Qeeds "t. Doc #1'1231220ae (as preViously
amended, modified or suppletjl$1~, .ttt• "'175 $riQom Lane Mortgage"}, giVen by ~ohammad. Attafand
encumbering certajn real property I~ at.17~ (lrlsaotp LlOe, H'Oifrna.r,
IIJinoJs 801• (the
"175 Grissom l~e Real Pf'9~);

E&ta-.

WHEREAS~ as ftl~r.~r1ty for ,the loan. ~hammad .J\Itaf:i$$Jeq~ a guatanty, datea April14t
2006 (as previously ~n<:iect~ mOdified or ~pplelll$1ted, the uMotrammaij Altaf Guaratlty"), pursuant to
which Mottamrnad Attaf guaranteed tQ th~ Q:lan,k ·ttte ptwlnfiM'tt ·~()d perform~ of' all of the Bortowet's
obtigaljons With respect to the L®n ~ the otner L4aoi3Qc.v~ts (as h~rainafter defirted~;

WHEREAS •. the Loan A,gr~m~lnt. the 175 .Grissom La® MOrtgage, the Note and the Mohammad
AJtaf Guaranty and. aJI other ~1'1)8(lts and Jnstruments" executed mebnrtection wtth or retatin9 to th&
LQEin are re{erred to h$ein. eoltectiV$ty, as the "loan Qpeul'tt$hts'-~. and the 176. Grissom Lane Real
Property and an Othet" coUateraf grantecfto th• B$nk to secure the Loan is reterre<~ tc hereih1 coUectively.
as the "Colla~rat';

WHEREAS, the Bank iS. th~ .SO'eee$$Of in intetest 1o Predecessor with respect to the Loan and the
the <>Wnet i!l1d 'holdef of :the toan and the: loan Documents and, as such~ the
Borrower is indebted to tne, Bank thetefor and tneteui:ldet;

loan

~uments, i$

WHEREAS; the Borrawer has requuted and the Bank nassgreed to extend the Maturity Date of
the loan;

WHEREAS, the Borrower has requested and the Bank has agreed to change
schedule applicabfe to the loan; ~
·
WHEREAS, the Borrower and

the aank

f.\ave .agreed to modifY

Documents in accordance wifh the terms of this Agreement

the

the

payment

l,.oan and the

loan

NOW THEREFORE~ ·for good and·vatuable consideration, the receipt and Sufftciency of Which are
hereby acknOwledged, the Bank and the Borrower mutually agree as follows;

1.1
Recitals and RepreJentatibnS AGpt.irate. Tbe above reettafs are hereby .made a part of this
Agreement an~ the SorrowerMknowledges artd agrees that eaoh·ofthe.reoitafs is true. and correct.
,,
1.2 . RatifiCation. AU of the terms •. cove~ provisions~ representations, warranties, and conditions
of .the Loan O~ments, as amended ·or modifiEHt hereby; are ratified, 1!cknow1edged,. confirmed, and
continued in fuU foroe and effect a$ if fUflyfestated 1\erein.
1.3
COflatetal. The Botrower confirms. and ratifies Its contiiluing mortgager pledge} assignment,
and/or gtantof security interest ih and ften on tbe Collaterafto.and in favor of the Bank as set forth in the.
Loan Documents.
Maturitv Oa~avment Sgh§dulp.

1.4

•

Cornmen~.ng QI'J May 14, 2D1~ .~'d. on .the COI'J'e$PQrlding tjay of each en~irlg month
th~ F~IY 14,.~1 !the •Ma~rHJ aue":), -BorrOYiet $ha,ll m-e teve.t principal

ancnntenJst ~t$ in the amQunt ot$1.,nQQ.OQ;
•

The Interest i'ate' in the loEin Documents shall be changed

to a ffxed rate

of Four and

On• Q-..arter Pt~ent (4~~5%), subjed to the follOWing condition: lf the. Borrower defaults
under thi$ Agreement, then all interest sha1LJ3ecome dUe and o:wing at the applicable rate
ofinterest pJUJJ four percent {4.00%J;
•

Defer principal, interest21ld ~~ charges PfJfed and vnpald for the period!i ~f D~m.,.r
t4, 2011 through Aprti 1.3, @12 until Feh.,.ry 14t ..202~ (\he- "'Mal\loty oa~~);

•

AU outsta"dll'l9c I&Qal feEt$\ -~ mterestand Jate ch~ Will be due and payable on
Feb111ary 14, 20~ (~ ·~ty Pa.tf::");
·

•

Debtors shall sign an Affldavif for Confession of Judgment (prepared by outside
attorney), Whieh shall be filed with the County CJerk in the State of Ulinois upon an Event
of Defaultof this agreement.

•

There shall.be no prepayrneJ)t penalty ;tpp}icable to this !()an~

1.5
Principal Balance.. The Borl'Qwer. acl<.rlOWiedges ant3 agree$ that tl'le ~rr~ out$~rtdlng principal
balance of the Not~ as of ttte ctate ~reoH$ $15.~$8.47.
·
Representations and Wttranfie5;

1.6

(a)

the .BOrrower' herebY represents Wldwartants to the Bank that

The: pe(SC)rr executing thiS ~greement is duly authOrited. t&< do $0 and to bind the Borrower to
the terms~ hereof;

·

(b)

Each of the Loan Dool.lrnents is a valid ,and Jegal binding ob6~ation of the Borrower!
enforceable in aotordance with ·,its·tettn&, ,and is not .subject to any defenses,. counterclaims, or
offsets o.f any kind;
·

{c)

All fihancial statements delivered to the Bank were:true; accurate and complete; in all material
respects, as of the date of delivery to the Bank;·
·

(d)

Siflee, the date of the loan Documents there has been no material ~dverse change in the
2

condition. financial or otherwise, oi fhe. Borrower, except as <iisclosed to the Bank in wri~ing;

(e)

There exists no action, sllit, proceediqg or inve$tigatfon; at ~w or in fi19UitY. ~fqre >any court,
board, administrative body or other entity, pendiflfl ~r tbr~neJ,i, ·affecting ~e BorrQwer ()'r i.ts
prqperty, wherein an unfavcnabfe.decisfon, ruling .orfind;ing woUJd matedaUy ·a(SVer:sely aff~ct
the business operations, pi'Qperty or financial eonqttion of the ~rr<lwer; and.
·

(f)

There exists no event of qef&,rit; ·.Q.r· other cJroum~nca that With tt~·e. ~sage of time or giving
of notice or both will beecl'me:all event·l)f default, un(l~any of tt:te t.,oan Docum~mts.

1. 7
Interest. Fees. §osts §Od Expenses. The Borr~ $hall,. simultanl:K>llsly with the execution of
this Agreement, .PfiY to the Bank ¥111 ~ed tntere$1 owing on th~ Loan: a$ of the date of this Agreement
together with all tees, costs am:.f e~ d!.le~nd OWing to t~ Bank bY the ,BorrOWt)f' qttrjer the l..oan
Documents.

2. MISCELLANEOUS

2.1
Set-Off. The BorroWer hereby .grants to the Bank a .continuing lien and security interest in any
and aiJ deposits or othet sums at any time credited by or due from the Bank or arw Bank Affiliate (as
hereinafter defined} to the Borrower aaa· any cash, securfties, instruments er other· property of the
Borrower in the possession of the Bank or any Bank Affiliate, whether for safekeeping or C$erwise, or In
transit to or ftom the Bank. or any Ban'k .Affillate. {regardless of the reason the Bank or Bank Afflfiate· had
received th.e same o£ whether the Bank or any Bank Affinate has .conqittonally released the st.tme). as
security for the run and pUnctual payment and performance of all of-the liabilities and obligations· of 1be
BOJJoWer to the Bank or any Bank.Affiliate.and. such deposits.and other sums may be applied or set off
against such liabilities and obligations of the Borrower to the Sank or any Sank AffiHate at any time~
whether or not such are then due; Whether or not demand has. been made and whether or not other
collateral i&then availabfe to the Bank or any Bank Affiliate.
The term USank Affiliate.. as used in this A9reement shall mec1n any ..AfflliElte't ofthe Bank or anY
lender acting as a participant under any Joan arrangement between ihe Bank and the Borrower, The term
"Affiliate'' shall. mean With re$pecttoany person, (a) any person which~ directly or ·indirectly through one or
more intermediaries contro~SJ or is controlled by, .or is under common rontrot wifh, such person, or{b) any
person who is a director Of offiqer (i) of such person1 (ii} of any subsicf~ary of such person, or (iA} any
person described in clause· (a) above. FOr' purposes of this definition, control of a person shall mean the
power, direct or indirect, (X} to vote 5o/o or more ofthe :Capital Stock having ordinary voting power for the
election of· directors {or comparable equivalent) ,of such person, or (:y) to dlrect or cause the direction of
the management ahd po'licies .Of such person whether by contract or otherwise. Control may be by·
ownership, contraot. or otherwisa
2.2 . Release of the Bank~ The Borrower hereby confirms that • of th~, date herep,f it nas no claim,
set-off, counterclaim, defense. or. other· cao~ of ~ction ~·~ BaOk incfuef,tng. bttt not limited. to, ·a
defense of usury, any cJ.aim or cause of a*n ~t ~mmon law, in equitY, :St;i~ry ()r otherwise,. in
contract or in tort, for fraud, malfeasance, ~iSrepresenbitiqn; fii1al'l0ia1 loJs; usury, decePtiVe trade
practice, or any other loss; damage or RabUity of aoy kinct. Including, ~ith~t ftmitation, any claim to
exemplary or pwtitive damages arising out of ~my transa~n between the 'Borrower anc;J the Bank, To
the extent that any such set-off1 counterdaimt defense, or other cause of action may eXist or rn,igh~
hereafter arise based on facts known or unknown that exist as of this datei Stich set..aff, counterclaim,
defense and other cause of action is hereby expressly and knawingly waived and released py the
Borrower. The Borrower aCkn&Wled.ges that this release Is part of. the consideration to the Bank for the
financial and other accommodations. granted by the Bank rh this Agreement
2.3
Costs and Exoenses. The Borrower shall pay. to ~e Ban~ on demand any and an costs and
expenses (inc1udingt ·without limitation) reasonaBle attorneys' fees and disbursements. court costs,
litigation and other expenses} incurred or .paid by the aank in .establisbing1 maintaining, protecting or

3

enforcing ~ny of the Bianl('a rights or any of the obligations owing by the. Borrower to. the Bank; including,
with~ut limitation, any and
$UCh costs and expenses incurred ·or pakf by the Bank in defending the
Bank•s security inte.rest ill. title or ri~ht to, the Qollatera:J. or In collecting · or attempting to collect or
enforcing or attempting tp enforce payment Of the LQan..

an

2.4
lndemnifica!iQn. The BorrowershaU indemnify1 defend and hold the Bank and the E:lan~ Affiflates
anq the1r directors •. OffJCei'S:; employees, ·agents and attorneys (each an "Indemnitee") h:;&rmless against
any claim brOught or threatened against any tndemnitee by the BOrrower or any guarantor or endorser of
the Obligatioll$ of. the, Borrower to.· the Bank, at any other person {as weft as from a~rneys' tees and
expen~ irt XX.>nneotion ttter&Wtlh) on account of the Bank's relationship with the Borrower, or any
guarantor or endorSer of the obligations' of the Borrower to. the Bank {each ofwhich may be defended:,
comprpmifled, settJed or pursJ,Jed by ·the Bank With ooun$el of tbe Sank~s efecfion. but at the expense of
the Borrower). ex®Pt fOr any dairn arising out ofthe gross. negligence .or willful misconduct of the Bank.
The within lodemnificatiort shaH suNive payment Gf the, obligations of the Borrower to the Bank, and/or
any termination~ r$leiil$e or diSCharge ele.CIJted by the Sank irt favor of the Borrower.
2.~
§eyerabiljty. If anY provision. of this Agreement or portron of such proviSion or the· application
thereof to any }:)er$On or circtn:nstanoe $hall to any &Jdent be held invatid or unenforceable, the remainder
of thi$ Agre.ement (or the remamder of such provision) and the application thereof to 'Other persons or
cit:Qurnstances snail not be affected therehy..

2.6
Counte{parts. This Agreement .may be executed tn two or more CO\.Interparts1 each of whiCh .shall
be an original, but all of Which shall constitute but one agreement
2.7

Bank's Predegessorfs}. . Atr references in ft1e

L~n

()OQUments

to B,rn<,

Pll)decessor shall

hereafter mean Charter One. a division of a.as· Gitiaerts; N.A.• its S~!iPrs and assigns, The Sank's
address, for au purposes, shall be·as s«forth jn the firSt Paragraph oYthisAg:r@Jnenl

2.8
Complete Aareemerrt~ TI:tis ~rnent and th~ ~~er ~oar'! Ooot.unen~ constitute the entire
agreement and unc;teTSc•nrfing betweer:r af\d amoog }he parties b~r~o. refatinQ. to the subject matter
hereof, and supersedes, Elfl prior pr~ts. oegotiatfan$, ~r~ts. arld. \JOder~ndiogs :among the
parties hereto wilt! respect to such st4b.j~ m.a-r.
2.9
Bindihq Effect of Agreement This Agr,~t ~;;11! be bind'mg t.~pon ~nd inure to tt\e benefit of
the respective heirs, executors, adrnini$tl"at0rs. Jegaf:.r~pr~ntatives. successor$ ~rrd assigns of the
parties hereto, and. shall ~n in fulJ to~ .net eff.eci {an(t the aank shall ®: entltled. to. rely thereon} until
released in writing ~Y the Bartle. TI')S-> ~nl< may 'l!llnsfer and a$Sign tbfS ASr~rnent and deliver the
Colla~! to the assignee; Wftc) sbafl ~~!Jpon bave.atl of ttredgnts ofthe aank;a04 the Bank shall then
be reliev~ and discharged of any t,.pcm$ibllitY or liability ·with r~ to 1hJ~ Agreement and the
Colt&Wral. Except~ ~ssly pro\lict~ .hereirt ot itr t~ oth~ Loan Oocutnents, n~hing, expressed or
implied. is. intended to <lQnf,er upon any paftY. other t~ ttl$ parti~s: he~to, any rights, remedies,
obligations or Jia\)ilities un~r ~r l)yre$SC>n Pfthis Agr~ent Qt the otfler Loan Doc.urnentS~
2.10 Further As.surances. ·The Borrower w#l frQn1 ijrne to tim$ execute and deliver to the Bank such
documents. and take or ~~ to be:fakert, all $\JPh other tvrtbet ~tlon. as; the 8$tik may request in order
to effect and ~onflrrrt or vest more securety to the BMk .all tights CO.nt~::rnplated by this Agreement
(including, withput lilni1ation; to t:orr;®t otetieal ert'Of$} or~o vE1St more fullY irt or a$sUte to tha Bank the
security intere.~t in tne Cc;l~tfH'at Qr to comply Ymt1 apPJfeabfe ~tatute or law and. to facilitate the collection
of the ColrateraJ {ff1cfUding, Without Umftation, the &J(acution of sto:cK transfer ora~::rs and· stock powers,
endorsement of promiSSOt'Y notes aod it1Strurneo~ aod, no~ti.orf$ to i>b6Qors on the, CoU~al). T6 the
extent permitted by ~pU~ple liW, ~. eotrow~r autflf:lr~Zes the. B(lnk tQ file· finaheing statements,
continuatiQn statements ()f amendmfro• WithQut.tbe So.tro~r'$ $ign.ature ~tppe.aring thereon, arid any
such financing statements, contint,J~Pn #Qternen~ or a~n(imeoo; may be signed by tl:te 6ank on behaH
of the Borrower, if necessary, ~mt may be file,d at any tirtreJn anyJurf$9~on, The Bank may at ~my time
and from ijme to time fde flntmcing ~~ement.s; contittiJatiqn s.tatQm$11$ cand 1m1endments tbeteto which
4

contain any information requirect by the Hfino$IJhiform C9mmer¢ial' CQQ&, ata JLCS 5/1-101 .et.seq. as
amended from time to time (the ''GoQe''J forth~ ~uffici~oy otfilfnt office acceptance of any financing
statement continuation statement or amendment. lnpiuging wh~ther·the .ao~ i$ an organi,z1ation, tbe
type of organiZation and any organization id~tifi~ msrn'* issued to the. SPrro•. ·The Borrower
agrees to furniSh any such inform•tlon to the Bank promptly upQn r$QUe$t. In a<fdltion, the Borrower shall
at any time and from time to time take sudl stePS as the B$nk may reasOM.bly r~}Jest fOr the .Bank (i) to
obtain an acknowledgment, in form and su,bs~ne$ satls/actoty to the Bat'lk, of any bailee having:
possession of' any of the Collateral that the b$0~ l")olds sucn CQltateraf 1or the Sank. (ii) to obtain
i•oontror· {as defined 1n the Code) of any Collateral co~ect of d~it accounts, el~ctronlc chattel
paper, letter of credit rights. or investment· property, with an¥ agreem~nf$ e$taPiisping oontroUo be in form
and substance satisfactory to Bank. and {iii) otherwise to fns~;~r~ the continued perfection and priority of
the Bank's security interest· In any of the CoOateml ancj the preservation 0f it$ dghts fhererf1.. The
Borrower hereby constitutes the Bank its attorn(!)y.,f(l..fact to e:xecute•.if n~a,ry, a11d file all filings
required ot so requested for the foregoing purposes, au acts of sucb att>meY peing hereby r~tified and
confinne:Q; and such power, being coupled with an interest, shall be irrevocable untfl this Agr~ment
terminate$ in aocomance With its,tetms, aH obfieatiens ofthe Borrower to
Sank are irrev.ocabty paid in
fufl and the Collateratls released.

tne

2.11 Amendments and Waivers. T.f,lis Agreement may be arn~;tnded: ~od tfle· BP,rrower may take. any
action herein prohibited, or omit ·to perform any ad. herein r~lred :to be.perfof'rt!ed by it, if the Borrower
shall obtain the Bank's prior written consent to ~t .sU¢1:1 a~rtd~!it.. acticm or otnlssion to act. No
delay or omission. on the pad of the Bank In exercising anyrtgp~ )J$1llynqer sh~l! pperate as a waiver of
such right or any other right and waiver on any one or more ocoasions shall not be pansttued as..a. t.>arto
or waiver ofany right or remedy of the Sank t)tl.an;y future ocqslon,
2.12

Terms of Agreement Thia Agreement .shall co.ntinue in force and ~tsb long as any obligation

of the Borrower to Bank shalt ~ outsanding a!ld is :ayppJemeotary tO each and every other· agreement
between the Borrower ami. $cilnk- :anq $haR nQt be SQ t~nstrued ·as to liltl~ or omerwi$e det~ate: from any
of the rights or remedies of Bank or an¥ ()f. the llabflifl~. QbJlgatio~ Qr unde~irlgs of the Borrower
under any such agreemen~ nor shaU any COJ\1et11PQraneol.JI!I or S:Yb$~q~mt ~reement betw~ the
Borrower and the Bank be ec>nstri.IBd, to Un11t or ~ise derogate from any ,of tl:le righ~ or remedies of

Bank or any of the liabilities, ob[tgations or unGI~rtaJdngs of th.e B:prrQWElr hereunder, unl~ss su.cb otner
agreement specifieaJly refers tolhls Agreer:nenf and Q)(pres$ly so provi~es.

2.13
Not!oes, Any no~ u.nder or ptJrs~;~ant t() t_hifl Agre£tment $hall tre <;teemed duly received and
effective if delivered in hand to any offiQerQr agent ofthe Borrower (lr Bank, ,or if mai!ad by registered or
certified maU. return receipt requested; adtlr~ssed .~
BQ~ .or Bpnk at th$ $flciresa set forth in thiS
Agreement or as any party may fl1:lm ti~ to ~me d:esign~te by wntt~ notiCe to the oth~ p~:~rty.

tna

2.14
Illinois Law. this Agreement shall be govemec.t Q¥_ ~t law applicable to the Bank and, to the
extent not preempted by federal law. the law~ of thJstate of I.Oinols.
2.15
Reorod:uctions. Thls Agteemfmt and all' documents Which have been or may. be hereinafter
furnished t)y Borrower to tne .Batik may be reprOduced by the Bank by any photographic, photostatic,
microfilm, xerograPhic or similar p'@OeS$•. sod anY. slfch teproduttion ·shall be admissible in evidence as
the original itself in any judi~t ot administrative ,proeeecn.ng (whether or not the original ls in existence
and whether or not $U¢h reprodutltion was rn.ade lri. the: re(J:t:.llar course ot business),
2.16 Vanye:. BQrfO.Vt(e.r ir~~wocably ,sUbmit$ to the flQf'texolusive jurisdiction of any Federal or state court
sitting in fUin~is, over >$ny sllit. •on er pr~ng ari$ittg out of or r~ating to thJs AQreement Borrower
irrevocably waives: tQ the fut• eJttent It may effeetiVely do so under applicable, Jaw, any o.bjection it may
now or hereafter nave to the layinS) of th~ veot.le of any .such suit, action or proceeding broue.ht in any
such court anc:;t any claim: that tf'le $$me has PE$rl bro.ugtltjn an tnoonvenl$nt'f0f'um. Borrower irrevocably
appoints the Seoreqary of State Qf the 'State of fUm~ a~ iULauthorized agent.~ accept and acknowledge
on its, bebalf any and all process whiell rnay .be sef\l~d in any &uch sCrlt, .sctio.n or proc~ing, ®nsents to

such process being served {1) by mailing: a copy thereof by registered or ~ifled mail, postage prepaid,
tetum receipt requested, to Borrower's addt'e$8 soown above or as n<>tified to the ..Bank and (ii) bY serving
the same upon such agent, and agrees that such service shall lf"! every respect be d.eemed effective
seMce upon Borrower.
2.17
JURY WAIVER. BORROWER AND BANK' EACJi HEREBY KNOWINGLY, VOlUNTAijlLY
AND INTENTIONAlLY. AND AFTER AN OPPORTUNITV TO CONSULT WitH LEGAL COUNSEL,
WAIVE (A} ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING IN
CONNECTION WITH THIS AGREEMEN-T, THE OBLIGATIONS, ALL MATTERS CONTEI\tPLATED

HEREBY AND DOCUMENTS EXECUTED tN CONNECTION HEREWITH AND (BJ AGREE~ NOT TO
SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANV OTHER ACTION IN WHICH A JURY TRIAL
CAN NOT BE, OR 'HAS. NOT BEEN WAlVEl1. TH£ BORROWER CERTIFJES THAT NEITHER.- THE
BANK NOR ANY OF ITS REPRESENTA11YES, AGENTS OR COUNSEL HAS REPRESENTED,
EXPRESSLY OR OTHERWISE, THAT THE BANK WOULD NOT lN THE EVENT OF ANY SUCH
PROCEEDING SEEK. TO ENFORCE THIS WAIVER OF RlGliT TO lRlAt.. SY.JURY.

Executed on this day :/ufJA~, ~012.

&lrrqwt!r:

Accepted: Charter One. a diVision of RBS C~ens, N.~\

By:---------------Name: Sara A. Jorgensen
Title; Legal. Vendor Liaison
For good. a04 v~b;rable ®nsideration~ ~- ~ceipt and suffiOi~ncy of which are hereby
the unck!rsigne<:,t guarantor(s) heret:>y irrevocably and un¢0nditlonatly acknowledge and
confirm to the Bank that the g.yaranty of~e ~biiQati<ms of the Boo~r inctuding without limitation
res~ting tha Note contin~ in fuU -force and effect aod is a valid a11d bi.ndi'ng obligation of the
under$igned: guarantor(s) Jn ~corctance Witn its t(;Jtms. that no defensest offSet$, (;lairrts, counterclaims
exist With r~pectto such guatanty(s), ami that each stltih guaranty rs enfbrceabie in ,accordance with its
terms, and guarantees and $hall continue ttl guara,nte$ fn $cordanee With iiS terms the performance of
all amou(lts guaranteed thereby Jncl4ding witf:lQ,ut limitation ih e~ddition to aU other liabilities and
obligations g~nte$d tnereby, all llabiUtie$ aM t.1bligati0ns Qf the BorrQWer to th.e Bank respe«ing ~
Note and the ottter Loan D.oculnant$ ·til$ affected hatel;>y.
·
acknowtedg~.

Exe!QUted Qn this day.

s.fllf!€1-:JI. 2012.
Guaranfcr!

Mohammad Altaf. indivtaually

Exhibit 2

UNITED $TAT~S DISTRICT CO(JJit
NORTHERN DISTRICT OF ILLINOIS
EASTERN' DIVISION

RBS CITIZENS, N.A., dlb!a Cl;lARTER
ONE BANK, a National Banking
Association,
Plaintiff,

)

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CaSeNtl. l:ll-cv-01808

fi<>n. Jiunes.B.~gel

)
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-vs-

}
)

TA YYAB CAB CORPORATION"' an

)

Illinois Curporation and MOHA.M:MED
ALTAF, an individualt

)
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)

Defen(ijmts.

.AGQED CONFESSION OF JUDGMENT.
This matter

having COf,ile:

befo~

the Ct1Utt upan the. stip:tilation of the parties;

Defendant TAYYAB CAB CORPORATION ~

MOHAMMED AL1'AF having failed to

make payments as promised und~r ·tJie. Modification/Exten.sion Agreement to

Commercial Line Note dated M{ly,.....·_ _.,

201~ (''A.greezn~nt")

o.r

having

otherwise failed to .abide by the non-monetary terms of the Agreement, and having

consented to

the entry Qf :this Confession of Judgnten:t in the event of such failure;

Defendants ·waive all defenses te pre~eut

an<l enforcement

Judgment, except payment in ful~ and

perfotrnance of the Agreement; Further;

striCt

of this Confession of

DefendaQ.ts waive all rights. of &J>p~, inQllldiug emy stay of enforcement, right of
reconsideration~

or .other relief from judgment; ~Plaintiff RBS CITIZENS, N,A.~ d!bla

CHARTER ONE BAN:I< JllaY

.enf~

~d

collect on this

Confession~

of Judgment

immediately upon entry thereof without violating any stay of enforcement umier the
1

Federal Rulesnf CiVil.Procedure; and the Court otherwise being:fully.advise<J in the premises:

AGREED:

AGREED:
TAYYAB CAB CORPORATION
By
Its: Pre$jdent

RaS¢iC.:·J:NZE·····.,NJ\.

8.··
. :···-

•

.

By:
·.··
Qne:of its a®rne~s

.

c

MOHAMMER:
AGREED:

IT ]S HEREBY OR:DIRED! that Judgment is hereby e,n t ere d in favor of Plaintiff
RBS CITIZENS, N.A;, d{b/a CflA.RTER ONE BANK~ a Na.ti<tnal Banking .Association, artd

against Defendants~ TAYYAB CAB CORPORATION and MOHAMMED ALTAF,jointly and
severally~ in the am<>unt of$105.6~6.06

les$ payments received by' R'nS CITIZENS,. N.A., dlbla

CHARTER ONE BANK prior to1 and/or

enforcement and collection, including

putSU8Ilt

~onable

to, tb,e

Agreenumt, axtd all costs of

attorney's fees and costs· incurred as· a result

thereof.

Dqted:~.-------~--

J.ames B. Zagel,.

IJNI!E.O STA1BS DISTRICT
JUDGE

2

Exhibit 3

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

RBS CITIZENS, N.A., dlb/ a CHARTER
ONE BANK, a National Banking
Association,
Plaintiff,
- vsTAYYAB CAB CORPORATION, an
Illinois Corporation and MOHAMMED
ALTAF, an individual,
Defendants.

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Case No. 1:11-cv-01808
Hon. James B. Zagel

PETITION FOR ATTORNEY'S FEES AND COSTS

I, William E. Nelson, under penalties as provided for by law pursuant to Chapter 735
ILCS 5/1-109, of the Illinois Code of Civil Procedure, certify that the statements set forth in this
Petition are true and correct, except as to matters therein stated to be on information and belief,
and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be
true.
1.
I am over the age of21, under no legal disability, and if called and sworn as a
witness in this cause, would competently testify that I have personal knowledge of the facts set
forth in this Petition.
2.
I am an attorney employed by the law firm of Simon, PLC at 1 South Dearborn,
Suite 2100, Chicago, Illinois 60603.
3.
I graduated from law school in January of 1980, and became licensed to practice
law in the State of Illinois on May 1, 1980.
4.
I have been practicing law for the last 31 years, during which I have, inter alia,
concentrated my practice in the area of commercial litigation.
5.
The law firm of Simon, PLC was retained by Plaintiff to prosecute this action on
Plaintiffs behalf.
6.
I am personally acquainted with the cause of action herein and with the legal
services provided by the law finn of Simon, PLC in connection with this cause.

7.
A detailed record reflecting the nature of the services performed by the paralegals
and attorneys of Simon, PLC, the dates on which the services were performed, the number of
hours spent performing the services, and the hourly rate charged is set forth in Exhibit A which is
attached hereto and is by this reference incorporated herein, and was made by a person with
knowledge of the information set forth.
8.

The total of the fees incurred as set out in Exhibit A is $6,087.80.

9.

Plaintiffhas incurred costs in the amount of$836.41 as set out in Exhibit A.

10.

Plaintiffs attorneys completely performed the services reflected above.

11.
its client.

The services performed were necessary in order for Plaintiff to properly represent

12.
The time spent performing the service was reasonable in light of the difficulty of
the services performed.
13.
I am familiar with the range of hourly rates charged by attorneys in
McHenry/DuPage/Will/Cook County. The rate charged per hour is fair and reasonable, and
within the normal standards of the community for the type of services performed based upon the
level of skill, expertise and experience of the attorneys who performed the legal services.
14.

The total amount of fees and costs incurred amount to at least $5,924.21.

William E. Nelson

VERIFICATION BY CERTIFICATION
Under penalties as provided by law pursuant to Chapter 735 ILCS 5/1-109 of the Illinois
Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument
are true and correct, expect as to matters therein stated to be on information and belief and as to
such matters the undersigned certifies as aforesaid that he/she verily believes the same to be true.

SIGNATURE: ------------------------William E. Nelson

DATED:
William E. Nelson
Ardc No.: 3126292
SimonPLC
Attorneys for Plaintiff
1South Dearborn Street - Suite 21 00
Chicago, Illinois 60603

312-212-4338

Exhibit A

SIMON PLC ATTORNEYS & COUNSELORS
P.O. Box 4360
Troy,~ 48099-4360
TIN#: 38-3567469
Telephone: [phone]
Facsimile: [phone]
Attomey-C/ient/Attomey Work Product Privileged

02/11/2013
File#: 1943-0021
Invoice #: Summary

Citizens Bank
443 Jefferson Blvd, RJW500
Wruronck,R1 02886
Attn: Michael McManus

RE:

Tayyab Cab Corp - #800-8305498-0101

DATE

DESCRIPTION

Dec-06-1 0

Receipt and initial review of file.

0.20

53.00

FRS

Dec-07-10

Search of Cook County Treasurer's online records
for Property Identification No. assigned to
Mortgaged Property; Drafting of forbearance
agreement and second mortgage; Submit title order
to title company.

5.00

1,175.00

DJG

Jan-14-11

Review of payoff letter; Drafting of demand letter.

0.50

117.50

DJG

Mar-11-11

Drafting of Complaint; disclosure statement and
notification of affiliates; civil cover sheet;
Telephone conference with client.

2.00

470.00

DJG

Apr-13-11

Telephone conference with client (.10); telephone
conference with borrower re: modification
agreement (.10).

0.20

42.30

DJG

Apr-14-11

Court mandated status conference re: service and
discovery progress.

3.00

634.50

DJG

Apr-21-11

Drafting of motion for default judgment (.5); clerk
status re: motion for default judgment (.5).

1.00

211.50

DJG

Apr-26-11

Telephone conference with borrower re:
forbearance agreement and mortgage (.2);
Telephone conference with client re: forbearance
agreement (.2).

0.40

84.60

DJG

Mar-30-12

Review/Analyze Review file re default order.

0.50

105.75

WEN

Communicate (with client) Email request for
account statement to client.

0.10

21.15

WEN

Communicate (with client) Follow up email to

0.20

42.30

WEN

Apr-05-12

client requesting account statement.

HOURS

AMOUNT LAWYER

Feb 11/13

Summary

1943-0021

Tayyab Cab Corp - #800-8305498-0101

Pagel

Review/Analyze Review account statements for
principal and fees, costs.

0.20

42.30

WEN

Draft/revise Initiate draft of motion for default
judgment.

2.00

423.00

WEN

Communicate (with client) Send affidavit to client
for review, signature.

0.10

21.15

WEN

Communicate (other external) Telephone
conference with debtor re motion for default
judgment.

0.20

42.30

WEN

Communicate (with client) Telephone conference
with client re debtor's payment offer.

0.20

42.30

WEN

Review/Analyze Review of fees and costs.

0.10

21.15

WEN

Apr-17-12

Communicate (other external) Telephone
conference with debtor re payment plan.

0.20

42.30

WEN

Apr-20-12

Review/Analyze Review court's sua sponte motion
to change hearing date (.20); email to arrange
coverage due to hearing conflict with the Sanyou
Rule 33 hearing (.10).

0.30

63.45

WEN

Apr-23-12

Communicate (other external) Telephone
conference with debtor re response to settlement
demand; email to client re response.

0.30

63.45

WEN

Communicate (other external) Telephone
conference with debtor re terms of settlement,
agreed with confession; email to client to draft
documents.

0.20

42.30

WEN

Communication in firm regarding hearing outcome.

0.10

21.15

KLF

Attend Hearing on Motion for Default Judgment.

2.00

423.00

KLF

Communicate (with client) Email to client re
continued date of motion, request for forbearance
draft based on the 1Kdown, 1K per month.

0.10

21.15

WEN

May-03-12

Communicate (with client) Email to client re
forbearance agreement draft status.

0.10

21.15

WEN

May-09-12

Review/Analyze Review modification agreement
draft.

0.50

105.75

WEN

May-14-12

Draft/revise Draft court order.

0.50

105.75

WEN

Communicate (with client) Email to client re
unlocking the modification agreement.

0.20

42.30

WEN

Communicate (other external) Return call to debtor
re the modification agreement.

0.10

21.15

WEN

Apr-16-12

Apr-26-12

May-15-12

Feb 11/13

Summary

May-29-12

Letter to debtor re the modification agreement.

0.20

42.30

WEN

Review of file re motion hearing.

0.30

63.45

WEN

Review/Analyze Review of file remotion hearing.

2.50

528.75

WEN

Communicate (with client) Email report to client re
court status.

0.20

42.30

WEN

Jun-08-12

Communicate (other external) Telephone
conference with debtor re forbearance agreement.

0.10

21.15

WEN

Jun-09-12

Communicate (other external) Telephone
conference with debtor re forbearance agreement.

0.10

21.15

WEN

Communicate (with client) Email to client re verbal
confirmation from debtor.

0.10

21.15

WEN

Communicate (other external) Telephone
conference with Court to confirm next court date.

0.10

21.15

WEN

Communicate (other external) Telephone
conference with debtor re agreement, next court
date.

0.20

42.30

WEN

Communicate (other external) Telephone
conference with debtor re agreement, next court
date.

0.20

42.30

WEN

Communicate (with client) Email to client re
debtor's promise to pay.

0.10

21.15

WEN

Review signed faxed documents from debtors.

0.30

63.45

WEN

Email status to client.

0.20

42.30

WEN

Jun-28-12

CC Email to Client Re: Settlement

0.10

21.15

WEN

Jul-03-12

Review/Analyze Review original confession and
copies of client mailing.

0.10

21.15

WEN

Jul-06-12

Communicate (with client) Respond to client
inquiry re documents.

0.10

21.15

WEN

Jul-28-12

Communicate (with client) Respond to client
inquiry re debtor contact information.

0.10

21.15

WEN

Feb-01-13

Communicate (with client) Email to client re court
order for status; need to dismiss case.

0.20

42.30

WEN

Feb-06-13

Review/Analyze Review file re settlement
documents.

0.30

63.45

WEN

Communicate (with client) Email to client re
settlement payment status.

0.20

42.30

WEN

Communicate (with client) Email from client re
settlement and direction to move for judgment.

0.20

42.30

WEN

May-31-12

Jun-18-12

Jun-19-12

Jun-27-12

Feb-11-13

1943-0021

Tayyab Cab Corp - #800-8305498-0101

Page3

Feb 11/13

Summary

1943-0021

Tayyab Cab Corp - #800-8305498-0101

Draft/revise Draft motion for judgment.
TOTALS:

1.50

317.25

27.90

6,087.80

Disbursements

Amount

Dec-07-10

Order Document- Cook County Recorder of Deeds

3.00

Jan-12-11

Postage Federal Express Charges Ed Loeb 12/13/10 1 @ 4.12

4.12

Jan-14-11

Postage Postage Expense 1 @ 11.96

11.96

Feb-22-11

Online Fee- Order Documents from Cook County Recorder of
Deeds

22.50

Mar-16-11

Court Fees Online Filing Fee- File Complaint USDC IL 1 @
350.00

Apr-01-11

Delivery services/messengers Service ofProcess- Summons and
Complaint- Tayyab 3/21/11 1 @ 75.00

75.00

Delivery services/messengers Service ofProcess- Summons and
Complaint on Mohammad Altaf 3/20/11 1 @ 75.00

75.00

May-11-11

Postage Federal Express Charges Ed Loeb 5/3/11 1 @ 17.99

17.99

Jun-06-11

Postage Postage Expense 1 @ 1.88

350.00

1.88

Court Fees Recording~ Fee 1 @ 70.00

70.00

Jun-17-11

Court Fees Recording Fee 1 @ 2.00

2.00

Aug-28-11

Comet Messenger Service, Inc; Invoice# 21129; Recorded
mortgage with Cook County Recorder of Deeds; returned
recorded mortgage. Delivery services/messengers

44.95

Sep-20-11

Federal Express Charge Comet Messenger Service 8/24/11

15.64

Federal Express Charge return to D. Groulx 8/24/11

53.19

Federal Express Charge Return to D. Groulx 8/25/11

15.64

Federal Express Charge John Rosevear 9/1/11

17.92

May-31-12

William E. Nelson Travel Expense Attendance at District Court
Motion Hearing 5/31/12

20.32

Jun-20-12

Federal Express Charge Mohammad Altaf5/29/12

16.74

Jul-27-12

Federal Express Charge Sara Jorgensen 6/29/12

18.56

Sep-21-11

TOTALS:
TOTAL FEES AND DISBURSEMENTS

836.41
$6,924.21

Page4
WEN

Feb 11/13

Summary

1943-0021

Tayyab Cab Corp - #800-8305498-0101

This bill may not reflect all charges incurred
PAYMENT DUE UPON RECEIPT
RESULTS WITH A COST-EFFECTIVE APPROACH/
Thank You for letting us serve you!

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