Bank of Hope as successor to Foster Bank v. Suh et al

Filing 14

MOTION by Plaintiff Bank of Hope as successor to Foster Bank for default judgment as to Min S. Suh and Angela Suh, MOTION by Plaintiff Bank of Hope as successor to Foster Bank for judgment of Foreclosure and Sale (Attachments: # 1 Exhibit A-B)(Wright, Alexander)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION Bank of Hope, successor to Foster Bank, ) ) ~) Plaintiff, v. Min S. Suh and Angela Suh, Defendants. ) ) ) ) No: 17-cv-02116 Property: 2360-2400 Walnut Ave., Hanover Park, IL 60133 Commercial AFFIDAVIT OF KELLY CHO I, Kelly 010, being first duly sworn on oath, depose and state as follows: 1. I am over 18 years of age and competent. 2. This affidavit is made on my personal knowledge and the documents contained herein, and if sworn as a witness, I could and would competently testify to the facts contained herein and documents attached hereto. 3. I am employed by Bank of Hope as successor to Foster Bank (herein "Bank''), Plaintiff in the above-captioned cause, as a First Vice President. One of my duties as First Vice President is to review loan accounts to ensure that timely payments are made and to ensure compliance with other loan terms. I am authorized to make this affidavit. 4. In my capacity as First Vice President, I am personally familiar with the files, ledgers and records kept by the Bank and have access to all documents processed by the Bank that relate to the loan made by it to Min S. Suh and Angela Suh (collectively, "Borrowers"). 5. My full and careful review of the loan documents, itemization of interest charges, late fees and principal balance in the above-captioned suit relating to Borrowers shows the following: A On or about September 1, 2010, Borrowers executed a Promissory Note in favor of Plaintiff in the original amount of $1,009,419.35. On or about December 7, 2012, Borrowers executed an Amendment/Extension to Commercial Mortgage Balloon Note ("Amendment"), which amended certain terms of the Promissory Note. The Promissory Note, as modified by the Amendment, shall be referred to herein as the "Note." A true and correct copy of the Note is attached hereto as "Exhibit 1." B. To secure the Note, Borrowers executed a mortgage ("Mortgage") on the commercial property commonly known as 2360-2400 Walnut Ave., Hanover Park, IL 60133. A true and correct copy o(the Mortgage is attached hereto as "Exhibit C. Borrowers defaulted on the Note by failing to pay the balance in full on or before the maturity date of September 1, 2015. D. As of March 29, 2017, the amount in default under the Note is $1,039,061.61, which includes principal in the amount of $879,090.18, interest in the amount of $90,045.69, late charges of $371.57, environmental fees of $1,900.00 and a negative escrow balance of $67,654.17. The Note has a per diem interest rate of $152.62, with attorneys' fees and costs to be added pursuant to separate affidavits from Ashen IFaulkner. 6. The matters set forth in this Affidavit are true in substance and in fact and are based upon my own personal knowledge and upon my own personal review of Borrowers' loan records, including the Loan Payoff Statement dated March 29, 2017 ("Payoff") now held and maintained in the normal and ordinary course of the Bank's business. A true and correct copy of the Payoff is attached hereto as "Exhibit 3." 7. I prepared the attached Payoff in the regular course of business of the Bank and it was in the regular course of the Bank's business at or around the date the Payoff was generated to produce such documents. 8. The Payoff was generated from the Bank's electronic accounting/payment management system FiseIV (herein "FiseIV") which automatically calculates, tracks and maintains balances and interest owed based upon parameters inputted into the system as set forth in the underlying obligation, in this case the Note, and triggered by payment activity in relation to the obligation. 9. It is the Banks regular and ordinary course of business to enter incoming credits, payments or costs into FiseIV at or near the time payment or credit are received and all credits and payments made to the Bank for application to the indebtedness of the Note are reflected in the statement. FiseIV is recognized as standard in the finance industry and produces an accurate record in the form of the Payoff when properly employed and I properly employed and operated FiseIV to generate the Payoff. FiseIV operates on computing equipment recognized as standard in the finance industry and is utilized in the regular course of the Bank's business. 10. The Bank has performed all that has been required of it to be performed under the Note. The Bank has demanded that Borrowers fulfill their obligations under the Note, however, they have refused and continue to refuse to fulfill their obligations. 11. Under penalties provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure and 28 U.S. Code § 1746, the undersigned certifies that the statements set forth in this instrument are true and correct. By: C ~--~ Kellyeho, First Vice President, Bank of Hope Dated: March 1=fl._, 2017 Bank of Hope, successor to Foster Bank v. Min S. Suh and Angela Suh AFFIDAVIT OF KELLY CHO EXHIBIT "1" .. MINS, SUH;ANGELASUH 1495 NORTH SANDERS ROAD NORTHBROOK, IL 60062 .; foster Bank 5225 North K111b:i1tA,e. Chicago, IL 60625 loan Number 100~63-l Dete01l:0]·201D Maturi1y Date Q!MH·2DUi loan Amount$ 1,009 419.35 Of LENDER'S NAME AND ADDRESS BORROWER'S NAME AND ADDRESS ·1• includos uch borrower abov11, jointly and sttvenilly. •vo1,1" mea.ns 1he hmdar, il!l succusors and assigns. For v11Jue received, I p1omiae to pay to you, o, your order, at your eddrass listed above tho PRINCIPAL sum of if\d 361100 Slngle Advenoe: I will receive all of this princip11! sum on [XI .!IDlUllil!i.!mlbousoru\ four hurnlr@d njD@)WO Dollars $,J~Q~DQ~4~]~9~3~5_ _ _ _ _ _ _ _ _ _ __ 09-01-2010 , No additional advances are contemplated under thl, note. 0 MuNlple Advance: The principal sum shown above is the maximum amount of p1incipal I can borrow under this note. O n - - - - - - - - - and future principal advances are contemplated. _ _ _ _ _ _ _ I will receive 1he amount of $ Condithnu:;; The cor.dillons for future advances am - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - D Open End Credit: You 1md I 11gree thin I may borrow up to the maxim1.1m amount of principal morn then one tirne, This feature ls subje~t to al! other conditions end expires on - - - - - - - - - - - - - - - - - - 0 CloHd End Credit: You and I agree that I may borrow up to the maximum only one time land subject to ell other conditions), INTEREST: I agreo:, to pay on the outstanding principal balance from 09·01·20]0 per year until !OUU·!hlfil!L_______________________ at the rate of 6.260% D Vndabkt Rate: This rate may then change ea alatad below. D lndox Rate: Ths future rate will b e - - - - - - - - - - - thft folfowlng index n1te: - - - - - - - - - - - - - - - - - - D No:, Index: The future rate will not be subject to any Internal or external index. It will be entirely In your control. D Fn,quency and Timing: Tho rate on thhl note may chango as often m1 - - - - - - - - - - - - - - - - - - - - - - - - - A change In the interest rate win take effoct - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Limthitlons: During tha term of this loan, the applicable annual fntert1st rete will not ba more than % or less lhan - - - - - - - - - - % . T h e rate may not change more then % each - - - - - - - - - - Effeot of V11rf11bl& Rate: A change in the interest rate will have the following effoct on the payments: 0 The amount of e11ch schaduled peyment will change. D The amount of the final pilyment will change. 0 D ACCAUAL METHOD: Interest will be calcuh1tiuJ on fl Aclual/380 basis. POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after m11turity, and until p11id in full, as stated balow: D on the same flxed or variable rate basis in effect before maiurity (as indicated above). 00 at a r<1te equal to 5%0YERTHEINTERESJRATEINOENJJFIEOINTH1SNOTE 15 days after It is due, I agree to pay a late charga of 5.QOQ" of lhe late &mOUOl with a [XI LATE CHARGE: If a payment is made mare than ! of 25.00 D RETURN CHECK CHARGE. I agree to pay the greater of$ _ _ _ _ _ _ _ _ or all costs end e1Cpenses incurred in connect1on with any payment D on this lc;ian that is nstumed beceu,e h has bean dishonored. ADDITIONAL CHARGES: In eddition to interest, I agree to pay the following charges which O are D ara not Included In the principal amount above: PAYMENTS: I agree to pay this note as- follows: 59monthly paymenls of $7,431,43beginning 10-01·2010and l balloon payroont of $869, 155.71 on 09-01,2016. ADDITIONAL TERMS: COLlA TERAL: FIRST MORTGAGE AGAINST THE COMMERCIAL PROPERT'i LOCATED AT 2360-2400WALNUT AYE., HANOVER PARK, IL D SECURITY: Thia nQl& is separntely secured by (describe separate doi::ument by type and data): (Thi• n.:1\00 i:I '"' ygu/ !11tt1n11,n•, F•Our. to list I upll•I• HCU!I\V d0<:um0f'II dPU rlO'l !IIHll th• ag,um,<tt w~I r,ol •~"'· thl• n,,1,.) PURPOSE: The purpose of this loan is JO REFINANCE THE EXISTING COMMERCIAL LOAN 0 CONFESSION OF JUDGMENT: I agree to the te1ms of tha ~confession of Judgment" paragraph on page 2. SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE !INCLUDING THOSE ON PAGE 21. I have received a copy on today's date. .Jd. Signature for Lender ~ MINS.SUH 'DQngHccnKim ANGELA SUH Ls_c_a_nJJ_e_d!a_n_d_,v_e_r_ifi_e_d,_b_y_;oB-B_C_N-IT_H_0_6_4_8_6_o_n_8/_2_8_/2_0_1_4_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '""_'_,' .,/j ··\. REAL ESTATE OR RESIDENCE SECURITY: II this 0010 is secured by real estate or a 1es!thmce that is persons! propeltv. the exi$tence of a defaulc and your remedies fot such a def11ult will be determined by eppllcabte low, by the terms ol any separate instrument creating tha•securil\' Interest and, 10 the 11,uent not p1ohibhed by law and nol concrary to the terms of the separate secu,hy instrumellt, by the ~oeleu11· 11nd ·Remedies" p11rag,aphs he1e!n, DEFAULT: I will be in del11uh if any one or mo1e of the following occur: 11) I fail to make e payment on time or in the amaunt due; 1211 lail 10 keep the property insu,ed. if required; 1311 fail to pay, 01 keep eny promise, on any debt or agreement t have with you; (4) any othe1 c1editor of mine auempts lo callect any debt I owe him 1h1ough court proceedings; (511 die, am daclared ~ incompetent, make an assignment for the benefit of etedi101s, Of become insolvent !either bec1u111e my liabilities exceed my usets 01 1 am unable lo pay my debts as the! becoma due); 161 I meke any w1itten :1U1lement or p,ovide a.ny financiel nfotmation that is- unl1ua or Inaccurate ot the time it was provided; (7) I do or fail to do some1hing which causes you 10 believe that you wm have dilliculty co11ec1ing 1he amounl I owe you; 181 any collateral securlng this note is used in a manner or lot 8 purpose which threatens confiscation by o legril authority; 191 I change my name or assume an addhionel name without lilst notifying you befoie making such a ch;inga; 1101 I !oil to plant, culllvale and h111vest crops in due seeson 111 am a p1oduce1 of c,ops; 111) any 10110 proceeds a,e used fo1 <> pu1pose th11t wlll contribute to excessive e1oslon of highly e1odibla land 01 lo the convcr:iion ol wetlands to p1oduce an agricuhural commodity, as fmther explained in 7 C,F,R. Part 1940, Svbpan G, Exhlbh M, REMEDIES: If I am in defauh on this note you have. but are not !lmiled to. the lollowing remedies: (1)You may demand immediate payment of all I ow, you under this note (principal, accrued unp.iid interest and other acc,ued charges). 121 You may set off this debt against any right I have to lhe payment al money ftom you, subject to the terms of the "Set-Ofr pa1agtaph herein. 13) You may demand security. addi1ional secu1hy, Of additional panies 10 be obligated to pay 1his note as s condition for not using anv othe, remedy. (41 You may iefulle to mske advances to ma or allow pu1cheses on c1edit ~Y me. · 15} You may vse any remedy you have under state or leden1l lew. By selecting 11ny one or more of these 1emedies you do not give up your right to late, use any other remedy. By waiving you1 right to declrue an event to be a default, you do nol waive you, 1ight to 18181 conside1 the event as a default if It continUe:i or happens ageln. CONFESSION OF JUDGMENT: If agreed on page 1. then. In addition to your u1madles listed herein. I 11vtho1lre any attorney to appear in eny comt of 1eco1d h11ving jwlsdiction ove, this matter and to confess judgment, wi1hout process, against me, in favor of you, to, eny unpaid p1indp11I, eccrued Interest and acctued charges due on 1his ag1eemen1, tog111her with <:o!lootion costs /m:;luding reasonable attorney's lees. COUECTION COSTS ANO ATTORNEY·s FEES: I agrae lo rav all costs of collection, replevin or any other or simil11r 1ype of cost ii em in delault. In addition, if you hire an attarney to collee1 this no1e, 1 i:,lso ag,ee to pay eny fee you incu, with such anomev plus court costs !except whe1e prohibited by law). To 1he extent pe1mitted by the United States B.11nk1uptcy Code, I also agrea to pay the 1easonable attornev·s fees and costs you inc.u, to collect this debt as awarded by any cou,t exercising jurlsdictlon under !he Bank,uplcy Code. WAIVER: I give up my 1ights 10 require you to do certain things. I will no1 require you to: 111 demand payment of amounts due 11:uesentment); 121 obtain o!lic,el certification of nonpayment lp1otest1; o, 131 give notlco that amounts due have not been paid (notice of dishono1). , I weivc any defensas- I have based on su,etyship or impehmenl of c0Hete1at OBLIGATIONS INDEPENDENT: I understand lhat I rr,ust pay this note even ii i;omeone else has also og1eed 10 pi,;y h {by, for example, signing this form or e sepau1te guuumtee or andorsementl. You may sue me alone, or anyone else who is oblig;,ted on this note, or any number of us together, to collect this note. You may do so whhout any notice 1hot i1 has not been paid (notice ol dishono1). You may without notke ,alaase ony party to this agreement without releasing env other party. If vou give up any of your 1ighls, wilh or without nolice, it will not affect mv duly to pay this nole. Any extension ol new credit to any of us, or tenewet ol this note by all 01 less than ell of us will not 1etease me from my duly to pay ii. lOf comse, you are enlilled 111 only one payment in full.) l agree that you mey al your option extend thrs note or th11 debt rep1e,ented by this note, or any portion of the no1e 01 debt. llom time 10 time without limit or not[ce a:nd lor any term without effecting ml Hability for paymenl of the note. I wlll not assign my obllgatlon unde1 th s agreement without your prio, wrinan 11pproval. FINANCIAL INFORMATION: I ag1ee to provide you, upon request, any financial s1a1cment 01 information you may deem necessa1y. I wa11an1 that the fin1mcial s1a11men1s and information I provide to you are o, will be accura(e, couect and complete. NOTICE: Unleu othe1wise required by l11w, any notice to me sh&!! be given by dellve,ing it or by melting ii by cl11ss mail addressed to me at my IHI known addre$s. My current addn:1s15 is on page 1. I egiee 10 inform you in writing of 1my change in my add1ass. I wHJ givo anv notice to you by mailing il first class 10 vour address stated on page 1 of this agreement. or to any othe1 address that you have designated. DEFINITIONS: As used on page 1, "O!I" means the ierms that e1;1ply to this l1rnn. "I," "me" or "my" me,ins each Bouower who signs 1h1s note and each olhe, person or legal entity !including guarantors, endorsers, and sure1ies) who agrees to pay this note llogethcr referred to as "us"}, "You" or "vovr" means the lender end Jts successors end assigns. APPLICABLE: lAW: The law of the slate of Illinois wilt govorn this note, Any te,m of 1hi11 noto which Is contuuy 10 tipplicable low will not be effective, un1eu the law permits you and me to ag1eii to such e vo1iation. If 1my provifion of this og1eement cannot be enl(>rced according to Its terms, this fact will not alfect the enforceability of the remainder of this agreement, No modlflcetion of this .11greement may be, msdi,, withoul your e,xpress written conaent. Time i11 of the euen.::e in thls egreemenl, COMMISSIONS OR OTHER REMUNERATION; I understend 11nd l!IQIIIII the,t any i11sur11nce premiums paid to lnsurnnce comp1miH e, part of thi• note wm Involve moni:iy ,111ained by you or p11ld back to you as commissions 01 other ramunartulon. In addition, I undeutend end egree 1hat some 01her paymen1s to third partiH as part of this note may also involve money reta!ned by you o, paid back to you H commissions or other remune1atlon. PAYMENTS: Each payment I make on this nota wUI fir$t 1educe the amount I owtl you for cha1ges which are neither Interest nor principal. The remaindnr of each payment will then reduce accrued unpaid interest, nnd then vnpald principel. If you and I 0111e11 to a different apptlclltlon ol payments, we wlll ducrlba om agreement on this note. I may prepey e part ol, or the entire bahmce of this loon without penalty, unless we specify to the col\lrary on lhls note. Any partial prepayment will not excuse or rnduca any late, scheduled paymant until this note Is paid In hill (unless, when I make lhe prepayment, you 11nd I agrea in w1i1ing to 1he contrary}, · INTEREST; fntereirt accrues an the principal remaining unpaid from time 10 time, until paid in full. If I receive the p1incipal in more than one advance, each advance will ste1t to earo Interest Qnly when I receive lhe advance. The Interest rate in effect on thi:i note at eny given time win apply to the entire principal advanced at that time, Notwithstanding anything to Iha contrary, I dQ not ag1ee to pay and you do not intend to cha,ge any rnte of Interest that is higher then the meximum rate of Interest you could charge und"r applicable law !or the extenlllon or credit that is egread to he1e !either before or afler maturity). II any notice of interest acc,ual is sent and is In e1101, we mutuBIIY agree lo co1tecl it, and if you ecluelly collect more interest than allowed by law end this agreement, you egra11 to tefund It to me. INDEX RATE: Tho Index w!l1 se1ve only as a device fo1 setting the rate on this note. You do not guarantee by selecting this Index, or the margin, that the rate on thfs note will be the same rate you cha1ge on 1my olher loanll or class of loans 10 me or olher bonowers. ACCRUAL METHOD: The amount ol interest thel I wm pay on this loan will be c11h::uteted using the ioteresl rate and accrual method staHrd an page 1 of this note. For the pu,pose of interest catculatlon, the accrual method wltl determine the nvmber of day.:, in a "year.~ If no accrual method is stated, then you may use eny reasonable ecc1u11I method for calculating interest, POST MATURITY RATE: For purposes of deciding when 1he "Post Maturity Rote" (shown on page 11 applies, the term "maturity" means the date of the last scheduled payment inclicl)ted on pego 1 of this note 01 the date you accelerate payment on the note, whichever Is ea11ler. SINGLE ADVANCE t.OANS: If this is a single advance loan, you and I expect that you wlll meka only one eclvance ol p1lnclpel. However, you may add other emounts to lhe principal if you make eny paymenls d1m:rlbed In the "PAYMENTS BY LENDER" paragraph below. MULTIPLE ADVANCE LOANS: II this is a multiple advance loan, you end I expect that you will make more 1hen one advance of principal. If this is closed end credit, repaying a pert of tha principal wlll not entilla me to additional credit. PAYMENTS BY LENDER; If you are suthorized to pay, on my beh111f, chmges I em obllgated to pay (such as prope,ty insurance psemiums). then you may treat those payments made by you as advances and odd them to the unp11!d princlpel under this note, or you may demand immediate paym1mt of the cha1ges. SET-OFF: 1agiee that you may :iet off any amount due and payable under this note agalnllt 11ny 1lgh1 I have to receive money !rem you. "Right to receive money from you• means: ( 1) any deposll account balance I have with you; 12) any money owed to me on an Item presented 10 you or in you, possession 101 collection or exchange; end 13) any repurchase ag1eemenl or other nondeposil obtlgatlon. ·Any amounl dve end payable under this note• means the 10101 amount of which you are entitled to demand peymenl under lhe terms of this note at the time you set off. This total includes any balance the due date for which you properly ac~e1erate under this note. If my right to receive money lrom you Is also owned by someone who has not 11gri,;ed to pay this note, your 1lght of se1•off will epply to my Interest in the obligation and 10 eny othe, amounts I could withdraw on my sole request 01 endorsement. Your right of set•off does- not apply to an account or other ob!igelion where my rlghls are only es " repre,entalive. It also does not apply to .iny Individual Aetlremenl Account or othe1 tax-deferred retlremcnl account. You will not be lieble fol the dishonor of any check when the di$honor occuis because you set oU this debt against any of mY account$. I agree to hold you harmless from any such clalms arising os e. ,esult of you, axarcise of \"OUf light of set·olf, OATEOF PI\INCIPA1 TRANSACTION AOVANCE BORROWffi•S PRINCIPAi. 8AI.ANCE PRINCIPAL PAYMENTS IMTIALS (l>Ol!tqu\ltlll • • • • • • • • • • • • • • • • $ • • • • • $ • ' • • • • • ' • • s~!IDl..d 1msi. v.~rm~.~ J?x;,13,~gN[J:1.Q~~§!:l.llq,.~/&Jl'2014 • INTEMST "" .. • • .. • .. ' HfHRtST PAYMENr& INTEREST PAIO 111110\/GH / $ .. • .• • "• • ." • . fP411' 2 ---- - 21 ~ '·· ; Loan #1004363 00001 AMENDMENT/EXTENSION TO COMMERCIAL MORTGAGE BALLOON NOTE Date of Note: September l, 2010 Amount of Note: $1,009,419.35 Interest Rate: 6.25% Fixed Amortized Period: 240 Months Maturity Date: September l, 2015 Borrower/Mortgagor: Min S. Suh and Angela Suh Lender/Mortgagee: Foster Bank, an Illinois Banking Corporation In consideration of Ten Dollars and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the Borrower and Lender do hereby agree to amend the above identified Note as follows: Current Balance: $951,263.88 New Monthly Payment: Interest and tax escrow payments only Effective Period: December l, 2012 payment through March 1, 2013 Regular scheduled monthly payments will resume for April 1, 2013 payment All other terms and conditions of the Note shall remain the same. Scanned and Verified by: BBCN\TH06486 on 8/28/2014 Loan #1004363 00001 Dated this 7-k. day of December, 2012 Lender/Mortgagee: FOSTER BANK, an Illinois banking corporation B~n~ TITLE: Loan Officer Borrowers: Min S. Suh and Angela Suh MINS. SUH ANGELAS canned and Verified by: BBCN\TH06486 on 8/28/2014 •• Bank of Hope, successor to Foster Bank v. Min S. Suh and Angela Suh AFFIDAVIT OF KELLY CHO EXHIBIT "2" Illinois Anti-Predatory Lending Database Program Dool/: 1026229041 Fee: $68.00 Eugene •Gene• Moore AHSP Fee:$10.00 Cook County Reoo,der of Deeds Date: 09/09/2010 12:29 PM Pg: 1 of 12 Certificate of Exemption .___ "co ''I '::}-- Report Mortgage Fraud 800-532-8785 f't<; ,-~~~~~~~~~~-L..~~~~~~--~~--~~~~~~~~~~~~~~---· roo The property identified as: ef.) Address: Street: PIN: 06-36-311-035-0000 2360-2400 WALNUT AVENUE Street line 2: City: HANOVER PARK State: IL ZIP Code: 60133 Lender. FOSTER BANK 0 Borrower: MINS. SUH AND ANGELA SUH, HUSBAND AND WIFE, AS JOINT TENANTS J~: :::..1 Loan/ Mortgage Amount: $1,009.419.35 This property Is located Within the program area and the transaction is exempt from the requirements of 765 ILCS 77170 et seq. because the application was taken by an exempt entity. Certificate number: 7395DDOF-5956-46D7-B3F4-B424D95C66E3 '" .........-_ ... , ')"··•·••! •k ~-•--1-->lf-· ~- ., -· --·- · "• l ! , Execution date: 09/0112010 1025229041 Page: 2 of 12 This instrument was prepared by: Foster Bank 5225 North Kedzie Ave. Chicago, IL 60625 When recorded return to (name, address); Foster Bank/AMY CHANG 5225 North Kedzie Ave. Chicago, IL 60625 LOAN# 1004363-1 - - - - State of Illinois - - - - - - - - - - - - Space Above This Line For Recording Data - - - - - REAL ESTATE MORTGAGE (With Future Advance Clause) and 1. DATE AND PARTIES. Tha date of this Mortgage (Security Instrument) is ------'-"9<c·u0..<l~-2<J0u..1-lu...--the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: MIN S. SUH and ANGELA SUH, HUSBAND AND WIFE, AS JOINT TENANTS 1495 NORTH SANDERS ROAD NORTHBROOK, IL 60062 D If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signa1ures and acknowledgments. LENDER: Foster Bank Organized and existing under the laws of the state of Illinois 5225 North Kedzie Ave. Chicago, IL 60625 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, sells, conveys, mortgages and warrants to Lender the followlng described property: "SEE ATIACHED EXHIBIT A" The property 'is located in .,c,.o"o,,K.___________ \County) ----·---"' 2360-2400 WALNUT ,,A"'V"-ENecU"'-"-E- - - - - - - - - - - · - - - , HANOVER PARK {Addsess) , Illinois 6.,0SU-13,,3,,__ __ !Zip codel (City} Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments rnode to crop producers. all water and riparian rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any 1ime in the future, be part of the real estate described above (all referred to as "Property"). 3. SECURED DEBT ANO FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guarnnty(ies) or other evidenoe of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the d~bts below it Is suggested that you include items such us borrower:,' names, note amounts, lnteflJst rates, maturity dates, etc.) "SEE ATTACHED EXHIBIT B" A COPY OF THE PROMISSORY NOTE WHICH SECURED BY THIS MORTGAGE. !LllNOIS· AGRICULTURAl,C(JMMERCIAl REALEST ATE S£CUR1lY UISTRUM[IT tN!IT FORfNMA. FHLMC, FIIA OR VA USE,ANh NOT FOR COUSUMER PIJfiPDSESI ~ @1993, 2001 Btir,k&fsSyUdms,lr'lC.,St.Cl<'!Ud,MN f<'lrmAGCO-RESML ._.,,-... ··•••I·• •l-. ·••••~''' ·=•••·•P,•·•~"''"""'""' •I ·"1··•· • .. , 12127,2002 hi (paqo 5 . Cf1:8J 1025229041 Page: 3 of 12 8. All future advances from L1mder to Mortgagor or other futuM obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Security Instrument whether or not this Security Instrument is specifically referenced. 1f more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument w·111 secure all future advances end future obligations that are given to or incurred by any one or more Mortgagor, or any one or morf.l Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and othet future obligations are secured as if made on the date ot this Security Instrument Nothing in this Security Instrument shall constitute i1 commitment to make add'itional or future loans or advances in any amoun1. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement betwe'Jen Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender tor ·insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required not'1ce of the right of rescission. 4. PAYMENTS. Mortgagor agrees that all payments undar the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 5. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, seour'1ty agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply wlth all covenants. 8. To promptly deliver to Lender any notices that Mortgagor receives fr_om the holder, C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured bY the lien document without Lender's prior written consent. 6. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 7. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Sr.curad Debt to be immediately due and payable upon the creation of, or contract for the creation of. Shy lien, encumbrance, transfer or sole of the Property. This right ·1s subject to the restriction~ imposed by federal law (12 C.F.R. 5911, as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument j~ relef:lsed. B, TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if: A. A beneficial interest in Mortgagor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is 11 change in ownership of more than 26 percent of the voting stock. of a corporation or similar entity, However, Lender may hot demand paymeht in the above situations Security Instrument. jf it is prohibited by law as of the date of this 9. ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor is an entity other than a natural person (such as a corporation or other organi1.ationl, Mortgagor makes to Lender the following warranties and representations which shall continue as long as the Secured Debt remains outstanding: A. Mortgagor is duly organized and validly existing in Mortgagor's state of incorporation or organization. Mortga£!or is in good standing in all states in which Mo.rtgagor transact~ business. Mortgagor has ~ha po~er an~ ~uthonty to own the Property and to carry on its business as now being conducted and, as appltcable, 1s quahf1ed to do so in each state in which Mortgagor operates. B, The execution, delivery and performance of this Security Instrument by Mortgagor and the obligations evidenced by the Secured Debt are within the power of Mortgagor, have been duly authorized, have received all (page 2 of 8) Exffii/i't:!: _iLb_ © 1993, 2001 S,,nk..,116yst11m~, Inc., St. Cloud, MN Form AGCO·RESI IL 1212712002 • - •••• - . , . . _.h _ _ . . - ~ - ~ · " ' · - · - · · , • , • - - , , -.... , •• ~... ,. , • - . - - - - " ' •••••,. . . . . ~ ~ · · - - -~ ····~·· .. ~ ••••••••• ,. • . , . . . . . . . " " , - - .... - ' • 1025229041 Page: 4 of 12 necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than previously disclosed in writing to Lender, Mortgagor ha9 not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written corni;ent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortuagor will keep the Property in good oondhion and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property tree of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will net permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgf.lgor will notify Lender of an demands, proceedings, clairns, and actions ogainst Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal propetty, free from any title retention device, security agreement or other encumbranc8. Such replacement of personal property will be deemed subject to the security interest created by this Security lnsuument, Mortgagor shall not partition or subdivide the Property without Lender's prior written consent, Lender or Lender's agents rnay, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection, Any inspection of the Property .shall be entirely for Lender's benefit and Mortgagor will in no way rety on Lender's inspection. 11. AUTHORITY TO PERFORM, If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance, Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on tha Property is d'1scontinued or not carried on in o reasonable manner, Lender may take ell steps necessary to protect Lender's security interest in the Property, including completion of the constrnction. 12. ASSIGNMENT OF LEASES ANO RENTS. Mortgagor assigns. grants, bargain-a, conveys, mortgages and warrants to Lender as additional security all the right, title and intarest in the following (Property). A. Existing or 1uture leasel:i, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, Including but not limited to, any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, generol intangibles, and all rights and claims which Mortgagor may hove that in any way pertein to or are on account of the use or occupancy of the whole or any part of the Property (Rants). In the event any item listed as Leases or Rents is determined to be personal proper1y, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and wlll certify these Leases are true and correct 1:opies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will rncelve any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender, Amounts collected will be applied at Lender's discretion to the Secured Debts, the r:osts of managing, protecting and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third partios on the recording of this Assignment. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with 1he Leases and any applicable law. If Mortgagor or an.y party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. 1f Mortgagor neglects or refuses to enforce compfomce with the terms of the Leases, then Lender may, at Lender's option, enforce cornpliancc. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, fpnfJfl 3 of 8} ~ @t!:193, 2001 a~11k1raSy1111m1,lno.,St, CIQ\Jd,MN formAGCO-A.ESIIL 12127/2002 , ., '"'""" -.. -~• --, , .. ~ .,_.,_ - ~ ~-"'~-,, ,,,,.,,,.,,...,.,,.;··''I' , '• ll.L 1025229041 Page: 5 of 12 compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent, Lender does no1 assume or become liable for 1he Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's 9.ross negligence or intentional torts. Otherwise, Mortgagor will indemnity Lender and hold Lender harmless for all liability, loss or dameoe that Lender may incur when lender opts to exercise any of its remedies against any party obligated under the Leases. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease lf this Security Instrument is on a leaaehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's dut'res under the covenants, by~laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fails to make payment when due; B. A breach of any term or covenant in this Security lnstrumen1 or any other document executed for the purpose of creating, securing or guarantying the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is falso or incorrect in any material respect by Mortgagor or any person or entity obligated on the Secured Debt; D. The death, dlssolution, or 'insolvency of, appointment of a receiver for, or application of any debtor relief law to, Mortgagor or any other per.son or entity obligated on the Secured Debt; E. A good faith belief by Lender at any time that Lender ·1s insecure wHh respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including ownership, management, and financial conditions. which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will c:ontribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with not'1ce of the right to cure or other notices and may establish time schedules for foreclosure ac:tions. Subject to these limitations, if any, lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. Upon default, Lender shall have the right, without declaring the whole indebtedness due and payable, to foreclose against all or part of the Property and shall have the right to possession provided by law. ·rhis Security Instrument shall continue as a lien on any part of the Property not sold on foreclosure. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shalt become immediately due and payable, after giving notice if required by law, upon the occurrence of a defoult or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Secur'ity Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lendor of any sum in payment or partial payment on the Secured Debt after tho balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it con1inues or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaohes any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecf1ng the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protec1ing Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Lender agrees to pay for any recordation costs of such release. 17.ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means all federal, state and local Jaws, regulations, ordinances, court orders, attorney genaral opinions or interpretive letters concern·1ng the public health. safety, welfare, environment or a hazardous sub~tanco; ~nd (2) Hazardou~ ~ubsta~ce means any tox'rc, rad'toactive or hazardous material, waste, pollutant or contaminant whrch has characterrst1cs which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or nhazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: . A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, 1s, or will be located transported, manufactured, treated, refined, or handled by any person on, under or about the Property, excePt ln the ordinary course of business and ·1n strict compliance with all applicable Environmental Law. (page ,t "' 8/ E.x:fie?tJ: ©1993, 2001 B~nknr•.!lystemtc, !ne., St. CJ,i.ud, MN Fo1m AGCO RESl·ll 12/27/2002 (i;l_ 1025229041 Page: 6 of 12 8. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will not cawse, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Envlronmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law and Mortgagor has no knowledge o1 or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. ln such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, pr'1vate dumps or open wolls located on or under the Property and no such tank, dump or weU will be added unless Lender first consents in writing. F. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasom"ble time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; i2J the existence, location, nature, end magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. G. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental eng_ineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the env'1ronmental engineer who will perform such audit is subject to Lander's approval. H. Lender may perform any of Mortgagor's obligations under this section at Mortgagor's expense. I. As a consequence of any breach of any representation, warranty or promise made in this section, 11) Mortgagor will indemnify and hold Lender and Lender 1 s successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, includ'mg without limltetion all costs of litigaUan and attorneys' fees, which Lender and Lender's successors or assigns may sustain,' and (21 at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under 1his Security Instrument. J. Notwtthstanding any of the language contained iri this Securl1y Instrument to the contrary, the terms of this section shall swviva Any foreclosure or satisfaction of this Security Instrument regardless of any passage of f1tle to Lender or any disposition by Lender o1 any or all of the Property. Any claims and defenses to the contrary are hereby waived. 18. CONDEMNATION. Mortgagor will give Lander prompt notice of atw pending or threatened actlon, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking oi all or any part of the Property. Such proceeds shall be considered payments end will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCI:. Mortgagor agrees to maintain insurance as follows: A. Mortgagor shall keep the Property insured against Joss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender rnay, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Securlty Instrument. All insuranca policies and renewals shall be acceptable to Lender and shall include a standard nmortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellotion or termination of .the in~uranc.a .. Lender shall have 1he fight to ho.Id the P?licies end renewals. 11 Lender requires, Mortgagor shall 1mmed1ataly give to Lender all receipts o1 paid premiums and renewal notices. Upon loss, Mortgagor shall give lmmedlate notice to the insurance carrier and Lender. Lender may maka proof of loss if not made immediately by Mortgagor. (JJ81J9 15<fiu~ ©1\193, 2001 Bank&1t.Syst11m1, lnc,,St. <;1,,._,d, MN Fo1m AGCO llESl•1L 1:l!i/712002 'H'!•··•'••I- -• ,. t· •~ 6 of 8) M_ 1025229041 Page: 7 of 12 Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option, Any application of proceeds to principal shall not extend or postpone the due dale of scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an flddi1ional insured in an amount accep1able to Lander, insuring against clalms aris'1ng from any accident or occurrence in or on the Property. C. Mortgagor agrees 10 maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to a1 least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow, 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional docurnents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22, JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument bu1 does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property 10 secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaran1y between Lender and Mortgagor, Mortgagor agrees to waive any rights tha1 may prevent Lender from bringing any action or claim aga·1nst Mortgagor or any party indebted under the obligation. These rights may include, but are not limi1ed to, any anti-defic'1ency or one-action laws. Mortgagor agrees 1ha1 Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the 1erms of 1his Security lnstrumen1. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23.APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Sacurity Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement rela1ed to the Secured Debt that conflicts with applicable law will not be effective, unless that law axpressly or impliedly pen-nits the variations by written agreement. If any section of this Security lmHrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captiOM and headings of the sections of thls Security Instrument ere for convenience only and are not to be used to int~rpre1 or define the terms of this Securi1Y Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, an/ notlc6 shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 o this Security Instrument, or to any other address designated in writing. Notice 10 one mortgagor will be deemed to be notice to all mortgagors. 26. WAIVERS. Except to the extent prohibited by law, Mortgagor hereby waives and releases any and all rights and remedies Mortgagor may now have or acquire in the future relating to 1he right of homestead exomptlon, redemption, reinstatement, oppraisement, the marshalling of liar,s and assets and all o1her exemptions a.!.l to the Property. 26. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Secur'lty Instrument at any one time shall not excoed $ 1.009,419,36 . This l'lmltation of amoun1 does no1 include interest, attorneys fees, and o1her fees end charges validly made pur_suant to this Security Instrument. Also, this limi1ation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security lnS1rurnent. 27. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security Instrument: O Cona1tuction Loan. ThiS Security Instrument secures an obligation incurred for the construction o1 an improvement on the Property. · D Fixture Filing. Mortgagor gran1s to Lender a securi1y interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. D Crops; Timber; Minerals; Rents, Issues and Profits. Mortgagor gtants to Lender a security interes1 in all crops, timber and minerals located on 1he Property as well as all rents, issues, and profits of them including, but not limited to, all Conservation Reserve Program {CRP) and Payment ih Kind (PIK) payments and similar governmental programs (all of which shall also be included in the term "Property"), Expi:iriJ: © 1993, 2001 B.ankonSy!lt&m1, lno., S1. Cloud, MN Form A.GCO·RESI-IL 12127/2002 1025229041 Page: 8 of 12 D Per5onal Property. Mortgagor grants to Lender a security interest in all personal property located on Gr connected with the Property, including all farm produ<:ts, inv~ntory, equipment, accounts, documents, ·instruments, chattel paper, general intangibles, and all other items of personal property Mortgagor owns now or in the future a·nd that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of which shall also be included in 1:he term 0 PropertyftJ, The term "personal propertyu specifically excludes that property described as "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. D Filing As Financing Statement. Mortgagor agrees and acknowledges that this Security lnstn.sment also suffices as a financing statement and any carbon, photographic or other reproduction may be 1iled of record for purposes of Article S of the Uniform Commercial Code. 28. OTHER TERMS. If checked, the 1ollowing are applicable to this Sec:urity Instrument: 0 Une of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will rema'1n in effect until released. D Separate Aa:&ignment. The Mortgagor has executed or will execute a separate assignment of leases and rents. If the separate assignment of leases and rents is properly e)(ecuted and recorded, then the separate assignment will supersede this SecYrity Instrument's "Assignment of Leases and Rents" section. SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained in thhi Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy oi this Security Instrument on the date stated on page 1. Entity Nam11: -----··--p----y--A--~-------- ~=---....:::::: Gw {" (Sign11ture) tOatel ,,,..--,-~"-+SUH A-<,.A" - - - - - - {Date) !SignoMe) ANGEL !Det&) · /,J:,?i-, s.4 (Si9m1t~rel MIN SUH (Signature) ACKNOWLEDGMENT; ST ATE OF ,illmlinu,o,ii._s_ _ __ · · · - - , COUNTY OF This instrument was acknowledged before me this _ _.Jst by MINS. C,x,ic----'='=--- ___)ss. day of September 20]0 SUH; ANGELA SUH. HUSBAND AND W.lf.E~A"S"-"J,,.,O,rlNuT_IJJE'-'N,uAyNuii..S.___ _ _ _ _ __ My commission expires: OFFICIAL Si;AL /111,V CHANG No"'1'/ Publlo. State of 1mnois Col1\m\1$k>n Explws o,c 21, 2011 Exj:J'ercl."' ©1993, 2001 B,mk1111SyAtom1, lne,, S1. Cloud, MN folm A.GCO FIESHL 1212712002 --··•r .,... , · ··• · · .n~· · -.o.•t-e, .,., •· .__,,._,K···'" ,.....,..._,,__,,.,,_._, •. ,.. •··"I· (pagp 7 of BJ 1025229041 Page: 9 of 12 STATE OF _ _ _ _ _ _ _ _ _ _ _ . COUNTY O F - - - - - - - - - (tti,unon or fnlUy ........... } ss. This instrument was acknowledged before me this ______ day of by i\tknowlm!,iment) ---- - - - - - - - - - - - - - - !Tltl~/$)) of _ _ _ _ _ _ _ _ __ - - - - - - - - - - - - - - - - - - - - - - - - / N 1 m ' 1 o f B 1 . 1 , l ! l f a s o r 1:riti1yl ·------------------- ....... ,... v,,, _ _ on behalf of the business or entity. My commission expires: -----·--~~C7'C"c-----!Notary Public:) (PiJU8 !} of 8) //.'1 vv·~- _ ~ u @199:l, 2001 8anko1eSy~1am~. Inc., St. CIO<ld, MN Fo1m A.GCO AESl,IL 12!27i2002 ---·-- ....-. ...,---------·--~··-···~·············· 1025229041 Page: 10 of 12 EXHIBIT A OUTLOT 'B' (EXCEPT THE NORTHERLY 200 FEET AS MEASURED ON THE EASTERLY AND WESTERLY LINES THEREOF) IN HANOVER PARK TERRACE, A SUBDIVISION OF PART OF SECTION 35 AND SECTION 36, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, EXCEPT THE PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID OUTLOT 'B'; THENCE NORTH 63 DEGREES 46 MINUTES 42 SECONDS WEST, ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT 'B' BEING ALSO THE NORTHEASTERLY RIGHT OF WAY LINE OF US 20 (LAKE STREET), 150.00 FEET; THENCE NORTH 80 DEGREES 38 MINUTES 29 SECONDS EAST, 21.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY RIGHT OF WAY LINE OF WALNUT AVENUE; THENCE SOUTH 35 DEGREES 3 MINUTES 42 SECONDS WEST, ALONG SAID SOUTHEASTERLY LINE, 15.00 FEET TO THE POINT OF BEGINNING. Commonly Known As ADDRESS: 2360-2400 Walnut Avenue, Hanover Park, IL 60133 PIN: 06-36-311-035-0000 ·-· ............... ,..........,_ ,,,t··•'f ' ' ' 1025229041 Page: 11 of 12 ,,:-, .,. ··------------····----···---r---------~------~-------Fost11r8ank MIN S. SUH; ANGELA SUH' 1495 NORTH SANDERS ROAD NORTHBRDOK,IL 60062 Loan Numbar .19JM.it63,·,1_ _ _ __ 0 5226 Norlh Kttd.xis Ave. Chii:ago, II. 60626 DateQ9-0I ·2010 Ma1urltv D~te .oa&l.:.2.0.Ui...-----Loan Amount & 1...QQIL.~1,9.,35,.______ 0 Renewal Of - - - - - - - - - - BORROWER'S NAME AND ADDRESS "I" includes eooh bo,rc-w-ar above, jolntlyund uBv .. rally. LENDER'S NAME AND ADDRESS "You~ mt1an1:1 the lender, Ila 1iUCce5so_,_•_•cn_d_•_•_•_l0 o_n_•_·.L.----- ------···---- For value reu,..ived, I promi,1;11 to pay to vou, or your <nder, at your addrou listed above the PRINCIPAL e:um of ...2ll!! milllon oina tbouund four hundcadnlO"tllao and 35/10D &!JlllUJuOLJ>''----- - - - - - - - - - - [XI Sln"h• Adv11moei I will re,;;eive 1'111 of this principc1) $Um on 09·01·2010 . No addition11I adVOt!Cft& are conti,mp\ated undar thh• note. 0 Multiple Advenoe: The princlpel sum shown l.'lbove Is the maximum amount of principal I con borrow lJOd1tr this note. On _ _ _ _ _ _ _ _ . ____ aod future principal advances 11rc contemplated. --...- - ~ " - - - - I will recoive the amount of $ - - - - - - - - · Conditions: l'h0 c1.mdi1ionti tor future adv.anc~s eire - - - - - - " - - - - - · " - ~ " " · - - · - - - - - - - - - - - - - - - - · · - - - - - D ------- ------------··--·"--··-------------------· Op,m End c,.dlt: You and I agree th•t I rm!IY botrow up to thl'l maKlrnum l'lmoun1 of ptlnclpel more th•n ona time. Thts f•ature i:ia tiUbJ1H.:t to all other condition:, and t1Xpirc:1 on - - · · - - - - - · Closed End Credit: You and I agree that I mev bonow up to thu n1eiximurn only one timo lnnd nubject to 11111 other condition:,). IN'flt~EST: I agreo to pay intore~ on the outs~nndlng pr!nclpel balance from Q0,01·2010 lilt the rate o-f 0 6.25!)% per year until 0B:D1·20J6 Va,;nbk> ""'"' TMo rn<e moy th•n chanoo n, ""''d bo\ow, D lnde){ Rl'llte: The h.1tur11 ra.te Will na - - - - - · · · - - - - - - the following 1ndeK rat1t; 0 ------····----··----0 D N,;, Index: Tho future r•te will not be subjflot to any internal or extemal index. It will be entirely in your control, Fn•quttn1JV and Timing: Th,;, rata on this note rney (.hungo 11.'I ottcrn e:io ~ - - - - - - - - A change in th6 intert1~ rate will take effect - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Llmltattornr: Durino the term of thJ$ 1o&n, the eppli!.!able, ennuol inter,:,e,I r11u1 will not be more then - - - - - or less than - - - - - - - - - - %. Th., rate rni.y not chan"o mout thfln ouch - - · · - - - - - - - - - - - · Efteot of V11ri11bi. Rata; A chii.n0e in th• mtoreot rate will hay,:: the following uffei;;t on the poymenti;; 0 -n,e amount of eeoh scheduled paymant will change. 0 The Bmount of th11 tinol peyment will c.hangu. 0 ---------'*' -----'*' 0 Ar;:CAUAL METHOD: lntere-st will be oelcUtilted on 11 --------·-"Actso,U•aUL3aBaQ, _________ ba:sls. POST MATURITY RATE: I t1gr1.1e to pay inter.,1't on du~ unpeid bcilanoe Qf thi$ note i;iwlng after maturity, and until paid in full, Ii$ stated below: 0 on the samo tix .. d or variable ,ate bi!IGIB in attect boforo maturltV t,i,s indit;ated above). ov.rn at a rate eq,11.11 10 5% THE INTEREP,T HATE LATE CHARGE: If a payment is made mort, th41n (XI [XI INDENTlflEQIN THIS N01I--------·--------------- - - - 5 i;:lays e.tter it is duH, I ograe to pay " late oharge Of §~QDOIJuqf !he lnl• amount with a_ ill!!ll!f..ill;j..,QQ_,., 0 Cl RETURN CHEC!f; CHARGE. I o"re" to pay th• gntat,,r of$ _ _ _ _ " _ or t1ll ooat::1 llnd axpense5 mcurrie.d in c.:mnection With anv payment on this loan that I$ returned bacau$8 it heis bean dishonorod. ADDITIONAL CHARGES: In udditlon to intwest, I ugrae to pay 1ha following ,:;har905 whi,;:h O eore O ore not 1nel11dad in the principal ornount above: PAYMENTS: I agree to poy thi~ note ,u1 follow,: 59month!y pavm1mis of $7,431.43beglnning 10..01-2D10and 1 balloon paymont of $;869. 155.71 on 09-D1·2015. ADDITIONAL TERMS: COLLATERA.L: FIRST MORTGAGE AGAINST THE COMMERCIALPROPERTY LOCATED AT 23fl0.2400WALNUT AVE .• HANOVER PARK, IL "·""-· ·~ -· ...--·· -...... ···---"I PURPOSE; The purpose of thi.s loar, i.s JO REFINANCElHE E)(lSJINCi dOc\lmcn1 bv type and di,tc:iJ• CDMMERC!ALLPAN CJ CONFESSION OF .JUDGMENTi I agree to "Confcr.,.,ion of Judgment" purar;1r11ph on pt1ge 2. rn.•• ~~<>11<11' b for y<>Ur 11,10,1111 ,.,.., Fo1kl•<' t<> I••' • ••pu,o.., o<:un1y docu,...,,nt don""' maan 1'1• .. grum•nl WIii n<>l • ..,,.,,. tt\/1 n01.• I s;i;in<1ture lor L11nder . ----------- ... "--··~· the tl'l'1ms of tht! SIGNATURES: I AGREE To THli TERMS OF THIS NOTE !INCLUDING THOSE ON PAGj;: 21. I have received Ill copy or, today's date . ~.. xi~ MINS. SUH ANGELA SUH ~ ----------··--UNIVERSAL NOTE ~do" a-1e1Jd, Ill(! I ll~nka,al>yst•m•. lno., s,. Cl""--'d, MN f<>ITT' UN·I\. 3/6/2002 ... >,H ••· • "•!•~,l•>ri•••I••.-,, .. k•> ,II! IP<fg,, , at 2) 1025229041 Page: 12 of 12 DEFINITIONS: As used on page 1, "!&! " means the teims 1h1n apply to this loan. "I." "me" or "my" means ti;,,;h BoH<)wer wi"'c, 11,gn:,; thrn note and each othar p,:,r$ot'I or legal "'ntitv Uncludmg guarantors, er,dor~,.,,s, l'lhd ,.uretl&$) who agrnu,a to pay this note ifogether referred lo as "u:;"). "YouM or "your" m•111n11 thtt>ndef ,mrl irn succi:ssors Eind 1:1!tsigns. APPLICABLE LAW: Thi"< h•w of the ,stale of 111\nois wHI govern th1.'l noto,. Any term of this nMe which. Is contrary to apphe;!'lble law will not be effective, unless the law permits you ;iind me to oi'gree to such a var1111ion. ~~r~r. ~h~: 1t1~~ :;rut~~~ :r;:it~~:t e~f~~;;a~irit~nir~~"'ed ,;~c:ei~~j::r'' o} o~l: 0 ,i9rccmcnt, No modifjcQtion of this Bgteemont may be made witho\lt you, c,xpres.:. writttm con1<ent. Time u, ot the e11:u~nce in 1hts agre"ment, COMMISSIONS OR OTHER REMUNERATION: I unt:i.o,rstand ahd agr,1e that 1;1,ny lni<ur..nce p,emlul'TI3 paid tQ insuran,;o CQtTJP'llnlOS as Pflrl of lhU> note will involvto money retained by you or pb!d b(!ICk lo vou as comm1.ssions or othar rUmuneration. In addition, t under!ltemd ;md agree some other peymot\ts 10 th1rci partie.s a11 pan th1:o. note may also involve money rfltained h,, you or pl.Iii;/ back to you as comrn1ssio1u1 or other remunerntum. PAYMENTS: Each paymeht t make on lhil> note will first reduce the amount I owe you for charoa11 which &re neither mterflst no1 ptil'lcipal. The rema!ndflf of ee,ch peyrnent will than raduce -tccn.H~tl unpmd interest, tind then unpsid principal. If you and I l'lgro« to a Qiffuront appficanon ,:,f payments, we will cle11crib1t our ,.greemnnl on this note. I moy prepay A pa,t of. 01 the, entire, beh111H:e of this loan without penalty, unle,;:1 we specify to the contriuy !his note. Anv partial prttpaymant will nor exnu111t or ruducti any later sch8dulod p.tymenl until this note 1s p&1d ln full (unlo1111, Wh•m I make the prepayment. you and I »'°nee 1n writing to the contrary). INTEREST; Interest accrues on !he pnncipal remain111g unpaid from !Im..: to time, until paid in full. If I receive the principal in more th1m one advtmce, each advance wll/ _stert to earn Interest only whun l recent,;, the advance. The interest rot~ in effect on tllis note at a11y givlln time w,U apply t(> the entita principal advanoetl 1111 that time-. Notw1thste/\dln9 anything to the oontrary, I do not agree to pay and you do not intend to <Jharge any rMl'l of lnlerest llrnt Is high"' than the maximum rat<t of inhm,st you c:ould charge under applicable lew fo1 the oxttineion of cu,d1t that l:1 agreed to here (either before ~tlt>r maturity). If el"'ly notice of interest accrual 1s sent and is in ,;,nor, we mutually agree to correct ,t, ond if you actually collect morn intere~l than allow,id by law and this of on or rsc,e,t;z,~'A\l:°¥::~~~ot; :1:1u~:r~et~ni{l~s,. this nota, You do not DUflrantee by that the rate on thls note will be the 10131'18 or r.Jass of l<1ans ~o me or other ACCRUAL METHOD: The arnount of will be caloufatecl ui~ing the mterest device to, 6eninQ th" ,m<i' on selecting this index, or the. margm, same rate you chaige on any other borrowers, lntttrest that I will PliY on this loan rate and hccrual Method stated on REAL ESTATE OR RESIDENCE $ECUR/TY: If t11111 notE< l:< :,~f:llrtl1l I>\ ,,.,., ootrilo or a re:irt;lence thee rn pe<SQ110I i:,1oper1v, tho exrnlt?ncl;l 01 ~ O.:ifm1I! and you, remedies for suct1 a (fofaul1 will be dete,minfld by applicable law, by th<'I term,11 of anv sapnrllte 111111,urn<lr,T ur,u1Uno thr: s1><a1ril\ inttirt1sl end, to thto ex1~111 not p1ohil:11ted b\' ltiw <11Hl no1 <'":OiH<m1. \o the terms of the o.epar,:,ce !le<iuritv in:;trumunt. 11\ the "D"tm,w· an;l "Remedie11" paragraph11 her<;1in. DEFAULT: r will twin dl)h>utt it a11v on" 01 nH,tti ot th« J oUr,w,ny o,,c.111 · , '., 1 fall to make a payn\ent on t1rt1e or 1n the amount due; 121 I fait tt, th'.l property rnsured, 1f required; 13} I fail to pay, or keep any vn an·, dttbt OI" ngreament I have with you; 141 &ny other crad1tor of mine .ittemptst r, colh,ot iony do,bt I ow& him thfOu1,1h court pri:n::IUlding,;, !6) I di<>. am d.,,:J.-,,,,.d incompet~nt, make .in assignment for thfl benoi,fit of c1ed1tor~. or becomH insolvem (erther bticllu.'ltr MV li1:1blllt1e.s exceed lll\o a."lsets or I am unl'lble 10 pny mv debts as they becornt1 due); 16) J make, arw wrllten statemer,t ,.,, provide any financial 1nformat1011 that,~ un1n1e o, ,naccura,,-, 61 the l1rne H was provided: 171 I di"> or fail 10 cio l!iOFTH:ithing wlw.:h CffVSe:s v,,u re beliova that you w/11 hove dlfficully oollecting the arnmmt t owe V<>ll; rn; any uollateral securing this notfl i.1; usetd in a manne, 01 for ~ pwno~e, wtm;h tluea,ums nnnfiscauon by a lenal au1hor11y; UJI I clMnue mv ,,;,,r,l• or assume an addltion,il name w1thriut first 1101itv111g yvu b..,forn rr,il;;m•J nuch " change; {10) I hul to pt.,.nt, cultivnle a,r,d hmves1 c:r<ip:; m Uw, season if I i,m • produce, ot erops; ! 11) ,my loan pr,;,,::eed.~ arc, usttd fur.,, purpose that will contnb~ue to e-xcussive erosion of highly erod,hff} Jr,nd v• to the conversion of we1lands t<:> produce an agracuh1.11al cornm<>cl•n 1,~ further f!Xplamed 1n 7 C.F-.R, Part 1940, $ubp<1rt G, f.><hil:>it M REMEDIES; It I am ,n defi"\ul! on this notti you h;,v(I. tn,t a .., '""~1 1,,.,-,,tr.r.1 ,,, the tollowlng r<5imedies: 11) You may demand rn101ed1ate pl!lymnnt of 11,U ! owe y<iu und•'.H Huf, l'\ote jprincjpa!, ac-.::,ued unptiid mterest and othe, acc1ut!d 1;tiarg1,,:: (2) You may 5et (>ff this debt against any right I have'" tht, p<1vrn~ni of money hom you, subject to tile 1arrr11s of the "Set 011puragraph hereli\, (.')) You may dtlm;!lnd socur11y. addmonal :.ecunty, or addrtion<1I P'lrt,.,., to be. obligan1d 10 pay 1h1~ notti El$ >1 condition 101 ,wt u,;,n,i .. ,..,~ other rem"'dy. 14) You n\lly n:f1111e to make advance!! to nui Of <1Uow pu1,:;i,,.,,,..,,, ,,,~ credit by me. 161 You may use r,n, remedy you have unde1 >1tale Of ft1dar11l 1aw. By sel"ctmg any ono o, mo1 ft ol these remedies you do noi o•v<· 'IP y(lur righl rn later use <mv other romody. Dy waiving 11ou1 right 11., dtt,.lm~ "'" event to be, e d~fm,11, you do not w:o,iva vou1 right to late, c-oomder m;, eve11L 611' a default if 1t continues or happt'105 110.,.in. CONFESSION OF JUDGMENT: If agreed on PUoe 1, th«n, 1n >1ddttw11 H, your remediei,. listed h111r<":in, ! o11utho11ze ant attorn>1y to appe.:ir m ;.mv court or record having 1udad1,:,t.on over thf$ matter "nd to crmfe,;s Judgmant, without pr<'.)ces<>. ag;!>Jnsl me, 1n favor of you, for 11-rw 1mna,d principal, l)i:;¢rua,;t ,nt,.:1ost llnd accrued ch.-rge~ due cm thi~ ""'"I-> ~U~ho~ ~t\ie~:r'~'rn~o~~~en~~~:r'off(J~~=ritoC~)~~~~~l~1f ~~: =~~~~=i g'8tli~Ti0~ ~~ :T~ AJ0 )t~OW~ ~Q.;e}~1"s~bi'ei1~~!:r~~v~:::~tcostf> (>f c:<:>IJec1ion, r.,plevin or ~nv o!hcr 01 similar typt> of co~t if I am in default. of In addition, if you hire QI) auornfly to oolllHll this no1e, I also agr,n, to p,w Bfly lee you incu, wuh suroh attorn.,y p/us c:oi.,rt costs (~xcep1 wht.,<: method is stared, then you may uae any reasonable accrual mtlthod for calculating interest. POST MATURITY RATE: for purposes deciding when the Me.turlty Rate~ 1shown on pa{ll'l 1 J npplies. the term "maturity- means the dine of the last sch.,duled pllyrrnmt indicated on p<1g11 1 of thh, nole 01 the dale you accelerate payme:nt on the note, whlchev,:,r i11 aeflier. SINGLE! ADVANCE l.OANS: lf thls is a single advance loan, you and r expeet that you will make ot1ly one advance of principal. Howev•H, you l'rll'IY add other em(lunt$ to tho PlinclpaJ if you make any peYmants doscrlbed In the "PAYMENTS BY LENDER" paragraph below MUL TJPLE ADVANCE LOANS: It this i11"' mul1iple advancu IQan, yoi; and I axpet1t that YQI! will moko: morti tho.n one advance of principal. If this is cloaad end crnd1t, repaying e part or thl! principal will not entitle me to additionfll credit. PAYMENTS PY L.ENDeR: 11 y1;11,1 <ire li•ithodzed to pav, on my behil:t, charges I am Obligated to p1:iy /such as p1opertv insurance p1em1um$), thsE1n you may neat those payments made bv you as aUvances and i!dd them to the u1,p>1id prlnci1p<1I unr;ler this nptr., or you may dl!lm1.rnd immodiatc payment of the charge:.. SET•OFF: I aQ1ee that you may set oft any amount due und payabl~ undilr thi~ note against any right·! have to recc,tv« n\On,:oy frorn you, ~A,ght to receive money from you" muans: 11) any deposit account balance I have With you; f.2) any money owed to .me on er, nwn prasentod to you or in vour po11session fen collect1on or sxchang&; and 13) any repurchase Agreement or otht'I ncmdeposit ot,llgat,on. "Any amount due and payable under this note~ mean~ 1he total flmount ol which you arr. entitled to demand payrnnn1 under th!\' tetmli ot this nota al the time you set cff. This total includes anv balance the due d~te fo1 w.hir;h you propar/y ac:cel.,rute unde1 thrn note-. If my nglH to nicelva mon11y lrom you is also ownad by :o:.omeo11e who hi'ls not a:grc,ad to pay this note, your riaht of set-off will applv I,;, mY mlarest in the otihoation and to any other arnounts r could withdraw on my AOI~ requ,e!lt or o11ndon1ament. Yo1.1r n~tit of :iiat-otf doll':. 1101 apply 10 an account or other obligntion Whf.lre my right:; are only as 1:1 represfmtative. It also do'i'S not appl',· to nny lnd1v1dual Ra\1r,i;ment Account or othl!!r tax-deferred retirerru,nt ar.cmmt. You will not be liable for the. dishonor of any check whe" the dr~honor vccurn bt\!cause you set off thi:, debt ag,i11run any of my aocflunu. I agreo to hold ymi h,.rmloz;s frorri anv sU<;:h cl11ims ari111ng as a msu11 of your "'"err::ase of yoUI right of st1t-otf. l)A-,-,;(JJ, 1"flAN(l ... CT10N 1 0 5 1 prohibited bV !awl. lo th-! e,oem permi[tf.ld by rl'>e United StaH,,; Brmka,ptcy Code, t "J:.o t1gr1u: to p11y the reaso11abli, 11tto11--,ey' /l foe,; imd costs ,•ou incur to c.;o!tect this debt as aw,uded bv any coull mceu,1:,,n9 jurit;diction under the Bankruptcy Codfl WAIVER: I giva up my righ1r1 to roquue you to do ce11,un 1h,ngs. t w,11 i:u· 1equ1re vou to: (1) dem:md payment of omounts du,: tpr~sentmf!ntJ; 121 obtain otric1~! certlfic:ntton ol oonp1:1yrnen1 (ptotestl. or !3) give r,otic., thar amounts due have not bettn puid (nnllcc> elf dii!ihor101). I waive any delen~es I havti b1n1ed <m sure1yslup 01 11npa1rmerH ol colla1eral. OBLIGATIONS INDEPENDENT: J under:mmd that I mu::st pav lh1s m,ie even if 80m0':!one erilse has also agreed 10 pay It (by, to1 ex.ample, s1onrng thi,; form or a o,cparatc (lu!'!<anr~e or endorsernent/. You l"T>"'r :su" ,,-,.,. alone. 01 anyone else who If. c.bhgated th1:. not.,. <1• ar,, numh~f cf u,: together. 10 coltact th,!< notto. You m11,· do "" without <1t1\· ntH1r.e tt»,f " ha::s nor been paid lt1<>t1cr, ol d,,.honor), You may wnhc:,ut not1c" ·reh,;,s,;, any party to this agrer.rn..,nt without reh!M•ing anv othm P"•h· ll ,·ou "'"''· op .. nv ol your 1igh1s, with m without notice, 11 w,U no, alhtct •Y,\ dot,' to p.-,.y th1;1 note. Anv ex:1en~1on of new credit to AJ\v of ":;· or ,.,.,.,,,..,."f ol this note by ;ill or less 1h,m all (If u:. will n(lt reiO:,<l'Se n\(i from fll'> d,nv H) pav it. /01 cour-,1,;, you art enmled to only one p-1>ymon1 lfl fuU.l I Ml"''·' th&I you mi'IV ar your opuon extend lh,s notti Qf The dcht represent«c1 I)\ tilts note, •>I an,· portm,, of th,;, n<lt(I or d(tbt. fron, 11rr,,:- \<:> t1m1t: w1th<,,11 hmtt o, not101:> and for 11nv term withouc alle.::ung ,ny J1ab,tlty tor paymf>nt of th1e note. J will not a~s1gr, mv obligation und1:11 th,:; at:1tf>«ment wnhn1,1 your prio1 wri1t0Jn approv;ll. FINAN.CIAL INFORMATION: I <!Qftu, to p11w,dt:- >,OU. uL>ton rO':Oq•wll\. <Ill\ fmanmal stl!lteme~I or 1nfo11nation vou may d1,cm nf'<:::~ssar\ I warr,ir,1 1t1at the f1nan<..:1a! Statements and informa1ron I 1uov1de 10 \ml <11" '" v11U be accu1atc, cottt'lc:l and CfHllPll!ltC, NOTICE: Unl~ss otherWli!>h raquired ti, lllw. an'i nonce ro me sl>ull b" g111en by del,ve,mg it orb\ mailing II b\ lus\ ,:;l,.,i,:; mad -,,;IQ1«~·rnri 1r, ri1'>" at my Je:it known t1ckire:;s. Mv (:urrent e,ddrt1ss is on P_"O'' 1 l "01"" 1~, ll)form you ,n wutlnu ol mn· ch10ngt1 ,n ffi'r' i.d,ire"'""· I will g,v" .. n, 11011(.1: to yOu by mnlling, ii f,r~t <'.ltl.'l8 tn vour add,cs!. 0$t<llfld 011 PRO., l ,;,f ltw; B(ll<tQn\tmt. or to ;;iny utt11,1, ,.d<11i11,~ that yull h.-.v« dui;,~nmod on 111111\ll\l ~l l Wl l l l\l l~II THIS DOCUMENT PREPARED BY: Doc#: 1236322066 Fee: $72.00 Karen A. Yarbrough RHSP Fee:$10.00 Foster Bank Cook County Recorder of Deeds Date: 121281201210:01 AM Pg: 1 015 5005 Newport Drive Rolling Meadows, IL 60008 AFTER RECORDING MAIL TO: FOSTER Bl\NK / SAMANTHA LIM LOAN DEPARTMENT 5005 NEWPORT DRIVE ROLLING MEADOWS, ILLINOIS 60008 loan#l004363 00001 MORTGAGE MODIFICATION AGREEMENT This Indenture, made this 1),h day of December 2012, by and between FOSTER BANK, an Illinois Banking Corporation, 5005 Newport Drive, Rolling Meadows, Illinois 60008, the owner of the mortgage hereinafter described, and Min S. Suh and Angela .Suh, representing herself or themselves to be the owner or owners of the real estate hereinafter and in said deed described ("Owner"), WITNESS ETH: 1. The parties hereby agree to modify the amount of the Note and extend the time of payment of the indebtedness evidenced by the principal promissory note or notes of Min S. Suh and Angela Suh, secured by a mortgage dated September 1, 2010 and recorded September 9, 2010 in the office of the Recorder of Cook County, Illinois, as document number 1025229041 in the office of Recorder of Cook County, Illinois, conveying to FOSTER. BANK, an Illinois banking corporation certain real estate in Cook County, Illinois described as follows: OUTLOT "B" (EXCEPT THE NORTHERLY 200 FEET AS MEASURED ON THE EASTERLY AND WESTERLY LINES THEREOF) IN HANOVER PARK TERRACE, A SUBDIVISION OF PART OF SECTION 35 AND SECTION 36, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, EXCEPT THE PORTION DESCRIBED AS FOLLOWS: BEGINNING A'r THE SOUTHEASTERLY CORNER OF SAID OUTLOT "B"; THENCE NORTH 53 DEGREES 46 MINUTES 42 SECONDS WEST, ALONG THE SOUTBWESTER:C.Y LINE OF SAID OUTLOT "B" BEING ALSO THE NORTHEASTER:C.Y RIGHT OF WAY LINE OF US 20 (LAKE STREET), 150.00 FEET; THENCE NORTH 80 DEGREES 38 MINUTES 29 SECONDS EAST, 21.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY RIGHT OF WAY LINE OF WALNUT AVENUE; THENCE SOUTH 35 DEGREES 3 MINUTES 42 SECONDS WEST, ALONG SAID SOUTHEASTERLY LINE, 15.00 FEET TO THE POINT OF BEGINNING. 1 1236322056 Page: 2 of 5 COMMONLY KNOWN AS: 2360-2400 Walnut Ave., Hanover Park, IL 60133 PERMANENT INDEX NO.: 06-36-311-035-0000 2. The amount remaining unpaid on the indebtedness is N:rnE HUNDRED FIFTY ONE THOUSAND TWO HUNDRED SIXTY THREE AND 88/100 ONITED STATES DOLLARS ($951,263.88) 3. New monthly payment: Interest and tax escrow payments only. Effective Period: December 1, 2012 payment through March l, 2013. Regular scheduled monthly payments will resume on April 1, 2013 payment. 4. Said indebtedness of $951,263.88 shall be paid on or before September 1, 2015 as provided in the Promissory note or notes, copies of which is attached hereto as Exhibit A. s. If any part of said indebtedness or interest thereon be not paid at the maturity thereof as provided in the promissory note or notes, or if default in the performance of any other covenant of the Owner shall continue after written notice thereof, the entire principal sum secured by said mortgage, together with the then accrued interest thereon, shall, without notice, at the option of the holder or holders of said principal note or notes, become due and payable, in the same manner as if said extension had not been granted. 6. This Modification Agreement is supplementary to said mortgage. All the provisions thereof and of the principal note or notes, including the right to declare principal and accrued interest due for any cause specified in said mortgage or notes, but not including any prepayment privileges unless herein expressly provided for, shall remain in full force and effect except as herein expressly modified. The Owner agrees to perform all the covenants of the granter or granters in said mortgage. The provisions of this indenture ·Shall inure to the benefit of any holder of said principal note or notes and interest notes and shall bind the heirs, personal representatives and assigns of the Owner. The Owner hereby waives and releases all rights and benefits under and by virtue of the Homestead Exemption Laws of the State of Illinois with respect to said real estate. If the Owner consists of two or more persons, their liability hereunder shall be joint and several. 2 1236322056 Page: 3 of 5 IN TESTIMONY WHEREOF, the parties hereto have signed, sealed and delivered this indenture the day and year first above written. MINS. SUH ~ ANGELA SUH Address for notices: 1495 North Sanders Road Northbrook, IL 60062 STATE OF ILLINOIS COUNTY OF COOK I, the undersigned, a Notary Public in and for the County and the State afore,said, DO HEREBY CERTIFY that, MINS. SUH AND ANGELA SUH, personally known to me to be the same person(s) whose name(s) is(are) subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that (he) (she)they signed and delivered the said instrument as (his) (her)their free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and Notarial, seal t h i s ~ day of !)er. , 2012. s My Commission Expires: 3 1236322056 Page: 4 of 5 Loan #1004363 00001 "EXHIBIT A" AMENDMENT/EXTENSION TO COMMERCIAL MORTGAGE BALLOON NOTE Date ofNote: September 1, 2010 Amount of Note: $1,009,419.35 Interest Rate: 6.25%Fixed Amortized Period: 240Montbs Maturity Date: September l, 2015 Borrower/Mo11gagor: Min S. Suh and Angela Suh Lender/Mortgagee: Foster Bank, an Illinois Banking Corporation In consideration of Ten Dollars and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the Borrower and Lender do hereby agree to amend the above identified Note as follows: Current Balance: $951,263.88 New Monthly Payment: Interest and tax escrow payments only Effectlve Period: December!; 2012 payment through March 1, 2013 Regular scheduled monthly payments will resume for April 1, 2013 payment All other terms and conditions of the Note shall remain the same. 1236322056 Page: 5 of 5 Loan #1004363 00001 Dated this _ _ day of December, 2012 Lender/Mortgagee: FOSTER BANK, an Illinois banking corporation BY: _ _ _ _ _ _ _ _ _ _ _ __ Dong Hoon Kim TITLE: Loan Officer Borrowers: Min S. Suh and Angela Suh =:::__ MINS. SUH fh 1 ANGELASUH~ M Bank of Hope, successor to Foster Bank v. Min S. Suh and Angela Suh AFFIDAVIT OF KELLY CHO EXHIBIT "3" Page I of I MIDWEST REGION NILES 4001 WEST DEVON AVE 8504 A GOLF ROAD CHICAGO IL 60646 NILES IL 60714 MINS SUH ANGELA P SUH 9048 N CHESTER AVE NILES IL 60714 Loan Payoff Statement 100436300001 Loan Payoff for: Loan Number: MINS SUH Date Quoted: Mar 29, 2017 ANGELA P SUH Payoff Good To: Mar 29, 2017 9048 N CHESTER AVE Method: 6/6 NILES IL 60714 Collateral: 1ST MTG - 2360-2400 WALNUT AVE HANOVER PARK, IL 60133 $879,090.18 Principal: $90,045.69 Interest To Mar 29, 2017: $371.57 Late Charges: $67,654.17 Negative Escrow Environmental Fee $1,900.00 Net Amount Due: $1,039,061.61 Additional Information One Day's Interest: https ://dsmwrfla I nav CLC 1151/CLC 1151.aspx?&Action=P A YOFFSTATE... $152.62 3/29/2017

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