EXHIBIT 4-C
THIRD NOTE AND MORTGAGE
MODIFICATION AGREEMENT
THIS AGREEMENT, made as of the 1st day of May, 1995, by and between
LaSALLE NATIONAL TRUST, N.A., as successor trustee to LaSalle National
Bank, a national banking association, not personally but as Trustee under
Trust Agreement dated October 24, 1978, and known as Trust No. 100104
(hereinafter referred to as the "Mortgagor") and XXXX XXXXXXX MUTUAL LIFE
INSURANCE COMPANY, a Massachusetts corporation (hereinafter referred to as
"Xxxx Xxxxxxx").
W I T N E S S E T H:
A. Mortgagor is the maker of (i) a Promissory Note dated December
8, 1978, as amended by Amendment No. 1 to Promissory Note dated June 29,
1979, and by Note and Mortgage Modification Agreement dated as of April 1,
1990, and by Second Note and Mortgage Modification Agreement dated as of
March 1, 1991 (said Promissory Note, as so amended, is hereinafter referred
to as "the Note"), in the amount of $12,600,000.00 made payable to
CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a
national banking association (hereinafter referred to as "Continental"),
and (ii) a Construction and Permanent Mortgage and Security Agreement dated
December 8, 1978, and recorded in the Office of the Xxxx County Recorder of
Deeds on December 20, 1978 as Document No. 24772715 ("the Original
Mortgage"), said Original Mortgage having been supplemented and
amended by that certain First Supplement and Amendment to Construction and
Permanent Mortgage and Security Agreement dated June 29, 1979 and recorded
in the Office of the Xxxx County Recorder of Deeds on July 2, 1979 as
Document No. 25032238 ("the First Supplement"), by that certain Second
Supplement to Construction and Permanent Mortgage and Security Agreement
dated March 25, 1980 and recorded in the Office of the Xxxx County Recorder
of Deeds on April 8, 1980 as Document No. 25417700 ("the Second
Supplement"), by that certain Note and Mortgage Modification Agreement
dated as of April 1, 1990 and recorded in the Office of the Xxxx County
Recorder of Deeds on December 20, 1990 as Document No. 90617182 ("the First
Modification"), and by that certain Second Note and Mortgage Modification
Agreement dated as of March 1, 1991 and recorded in the Office of the Xxxx
County Recorder of Deeds on October 4, 1991 as Document No. 91519783 ("the
Second Modification"). The Original Mortgage, the First Supplement, the
Second Supplement, the First Modification and the Second Modification are
hereinafter collectively referred to as "the Mortgage." The Note evidences
indebtedness of Mortgagor in the original principal amount of TWELVE
MILLION SIX HUNDRED THOUSAND DOLLARS ($12,600,000.00) which indebtedness is
hereinafter sometimes referred to as the "Loan."
B. By Assignment of Mortgage and Assignment of Collateral Security
Documents dated April 7, 1980 and recorded in the Office of the Xxxx County
Recorder of Deeds on April 8, 1980 as Document No. 25417701, Continental
assigned to Xxxx Xxxxxxx all right, title
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and interest of Continental in and to the Mortgage and the debt secured by
the Mortgage and evidenced by the Note, together with all of Continental's
right, title and interest in and to a certain Assignment of Rents dated
December 8, 1978 and recorded in the Office of the Xxxx County Recorder of
Deeds on December 20, 1978 as Document No. 24772716, as modified and
amended by First Supplement and Amendment to Assignment of Rents dated June
29, 1979 and recorder in the Office of the Xxxx County Recorder of Deeds on
July 2, 1979 as Document No. 25032239. The Note and the Mortgage, and the
foregoing described Assignment of Rents, as so amended and modified, are
presently owned and held by Xxxx Xxxxxxx. The Mortgage grants, mortgages
and conveys to Xxxx Xxxxxxx as security for the Loan the real property
described in EXHIBIT A attached hereto and made part hereof. Xxxx Xxxxxxx
is also the owner and holder of that certain Assignment of Leases dated
March 25, 1980 and recorded in the Office of the Xxxx County Recorder of
Deeds on April 8, 1980 as Document No. 25417702.
C. Mortgagor and Xxxx Xxxxxxx now mutually desire to modify and
amend certain provisions of the Note and the Mortgage all as hereinafter
set forth.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth and for other good and valuable
consideration, the receipt and sufficiency whereof are hereby acknowledged
by each of the parties hereto, Mortgagor and Xxxx Xxxxxxx agree as follows:
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1. Effective as of the date hereof, the second full grammatical
paragraph of Section II of the Note (on page 4 thereof) is hereby amended
by deleting it in its entirety and by substituting in lieu thereof the
following:
"From and after the Transfer Date, if the undersigned shall by
such date have complied fully with the terms and provisions of the
permanent loan commitment issued by Xxxxxxx dated July 14, 1978, as the
same may have been or may hereafter be modified or amended, and with all
other conditions concerning said loan by the undersigned to be performed,
with all of which conditions the undersigned does specifically hereby
promise and agree to comply, interest shall accrue at the rate of nine and
seven-eighths per centum (9-7/8%) per annum from the Transfer Date through
August 31, 1995 and shall accrue thereafter at the rate of eight and one-
quarter per centum (8-1/4%) per annum and shall be paid, with principal, as
follows:
(a) INITIAL INTEREST PAYEMNT. Interest only on the
principal amount for the period commencing with the Transfer Date and
continuing through the month in which the Transfer Date occurs, shall be
paid in advance on the Transfer Date.
(b) MONTHLY PAYMENTS.
(i) Commencing on the first day of the next following
month (being June 1, 1980) and on the first day of each of the next one
hundred seventeen (117) months thereafter, until and including March 1,
1990, the undersigned shall pay to the order of Xxxxxxx principal and
interest in installments of ONE HUNDRED SEVEN THOUSAND NINE HUNDRED FORTY
DOLLARS ($107,940.00) each.
(ii) Beginning on April 1, 1990, and on the first day of
each of the next ten (10) months thereafter until and including February 1,
1991, the undersigned shall pay to the order of Xxxxxxx monthly
installments of interest only in the amount of NINETY-SIX THOUSAND SEVEN
HUNDRED FIFTY-FOUR and 98/100 DOLLARS ($96,754.98) each.
(iii)Beginning on March 1, 1991 and on the first day of
each of the next eleven (11)
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months thereafter until and including February 1, 1992,
the undersigned shall pay to the order of Xxxxxxx monthly installments of
interest only in the amount of FORTY-EIGHT THOUSAND NINE HUNDRED EIGHTY-
NINE and 86/100 DOLLARS ($48,989.86) each. On February 1, 1992, the
accrued and unpaid interest (being the excess of the interest that has
accrued over the interest that has been paid as of such date) in the amount
of FIVE HUNDRED SEVENTY-THREE THOUSAND ONE HUNDRED EIGHTY-ONE and 44/100
DOLLARS ($573,181.44) for the period of February 1, 1991 through January
31, 1992 shall be added to, and become apart of, the principal amount of
the indebtedness evidenced by this Note, creating a principal balance in
the amount of TWELVE MILLION THREE HUNDRED THIRTY THOUSAND SEVEN HUNDRED
FORTY-NINE and 17/100 DOLLARS ($12,330,749.17). Prior to being added to
principal on February 1, 1992, such accrued and unpaid interest shall not
itself bear interest, but shall bear interest from, on and after such date.
(iv) Beginning March 1, 1992, and on the first day of
each of the next forty-two (42) months thereafter until and including
September 1, 1995, the undersigned shall pay to the order of Xxxxxxx
monthly installments of interest only in the amount of ONE HUNDRED ONE
THOUSAND FOUR HUNDRED SEVENTY-ONE and 79/100 DOLLARS ($101,471.79) each.
(v) Beginning October 1, 1995, and on the first day of
each of the next thirty-five (35) months thereafter until and including
September 1, 1998, the undersigned shall pay to the order of Xxxxxxx
monthly installments of interest only in the amount of EIGHTY-FOUR THOUSAND
SEVEN HUNDRED SEVENTY-THREE and 90/100 DOLLARS ($84,773.90) each, provided,
however, that the last of said payments on September 1, 1998 shall be in
the full amount of the balance of principal and interest then remaining
unpaid.
(C) SEVERABILITY. In the event the foregoing terms of
this Note, which provide for accrued and unpaid interest to be added to the
principal amount of the indebtedness evidenced by this Note, shall be held
invalid or unenforceable or contrary to law by a court of competent
jurisdiction, then all such
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accrued and unpaid interest, in lieu of being added to
principal as aforesaid, shall immediately become due and payable, and
Xxxxxxx shall thereafter have the right to reallocate, first to interest
and the balance to a reduction in principal, the monthly installments which
are due and payable hereunder beginning March 1, 1992. The invalidity or
unenforceability of any such provision of this Note shall not affect the
remaining provisions of this Note or the provisions of the Construction and
Permanent Mortgage hereinafter described, such remaining provisions being
fully effective and enforceable to the extent permitted by law."
2. Effective as of the date hereof, the Note is hereby modified
and amended by adding to the first full grammatical paragraph on page 5
thereof providing for a prepayment premium, the following sentence at the
end of such paragraph: "No partial prepayment shall be permitted."
3. Effective as of the date hereof, the Mortgage is hereby
modified and amended by deleting therefrom Paragraph 16 in its entirety and
by substituting in lieu there of the following:
"16. Mortgagor will not, and no beneficiary of mortgagor will
enter into any new Lease or renewal of any Lease of all or any part of
the premises, without in each instance the prior approval of mortgagee.
Further, neither mortgagor nor any beneficiary of mortgager shall cancel
any Lease now or hereafter in effect, or terminate or accept a surrender
thereof or reduce the payment of the rent thereunder or accept any
prepayment of rent therein more than 30 days in advance of the time when
the same becomes do (except any amount which may be required to be prepaid
by the terms of such Lease) or otherwise amend or modify any Lease, without
in each instance the prior approval of mortgagee. Notwithstanding the
foregoing, mortgagee's prior approval shall not be required for any new
Leases demising less than 10,000 rentable square feet or renewals,
cancellations, terminations, amendments or modifications of existing Leases
demising less than 10,000 rentable square feet."
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4. Effective as of the date hereof, the Mortgage is hereby
modified and amended by adding thereto a new Paragraph 43 as follows:
"43. ESCROW ACCOUNT.
"(A) ESTABLISHMENT OF ESCROW. Mortgagor shall establish
an Escrow Account for the receipt and management of funds deposited
pursuant to this Paragraph 43, said Escrow Account to be established
pursuant to that certain Escrow Agreement dated as of September 1, 1995 by
and among mortgagor, mortgagee and Xxxxx Financial Corporation, as Escrow
Agent. Said escrow agreement shall provide that funds may be withdrawn
from the account by mortgagor only for the funding of capital improvements
and tenant improvements on the mortgaged premises, leasing commissions in
connection with the leasing of the mortgaged premises and, to the extent
necessary, shortfalls in operating expenses for the mortgaged premises and
debt service on the loan evidenced by this mortgage. Any funds held in the
Escrow Account and not applied to the foregoing costs as of the maturity
date of the note shall be credited against amounts outstanding and due and
owing under the note as of the maturity date.
"(B) ESCROW PAYMENTS. Effective as of September 1, 1995,
through July 31, 1998 (and thus for monthly installments under the Note due
and payable on October 1, 1995, through and including the payment due on
August 1, 1998), mortgagor shall pay into the Escrow Account on or before
the 15th day of each month (commencing on October 15, 1995 and through and
including August 15, 1998), a sum equal to all Net Cash Flow, as defined
herein, for the previous month, such Net Cash Flow and the payments
described in this subparagraph (B) to be determined on a monthly basis,
except that to the extent Expenses (as defined herein) exceed Gross
Revenues (as defined herein) in any month, such difference, to the extent
such difference is not otherwise reduced by withdrawals from the Escrow
Account pursuant to the terms thereof, shall be carried forward to a
subsequent month or months and shall be applied against Gross Revenues in
such subsequent month or months. All calculations of Net Cash Flow,
Expenses, and Gross Revenues shall be made based upon receipts from the 1st
day of the subject month to and including the last day of the
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subject month. Notwithstanding the foregoing, mortgagor shall
be permitted to make the Net Cash Flow payments due on October 15, 1995,
November 15, 1995, December 15, 1995 and January 15, 1996 on or before
January 29, 1996.
"(C) MONTHLY STATEMENT. Mortgagor shall send to
mortgagee, no later than the 15th day of each month commencing on October
15, 1995, a statement, in detail reasonably satisfactory to mortgagee,
showing Net Cash Flow, Expenses, and Gross Revenues for the previous month,
and justifying the amounts paid pursuant to the foregoing subparagrpah (B).
Notwithstanding the foregoing, if the Net Cash Flow payments due on October
15, 1995, November 15, 1995, December 15, 1995 and January 15, 1996 are
made on or before January 29, 1996 pursuant to subparagraph (B) of this
Paragraph 43, the corresponding monthly statements may also be submitted to
mortgagee on or before January 29, 1996.
"(D) DEFINITIONS. Net Cash Flow, and related terms, as
used herein, shall be defined as follows:
"(1) "Net Cash Flow" shall mean, for any month, all Gross
Revenues (as hereinafter defined) of the mortgaged premises for such month,
minus all Expenses (as hereinafter defined) of the mortgaged premises for
such month.
"(2) "Expenses" shall mean, for any month, all reasonable
expenses actually incurred by mortgagor within the categories set forth
below in respect to the ownership, operation, management, leasing, and
occupancy of the mortgaged premises, determined on the basis of sound cash
basis accounting practices consistently applied.
Expenses are as follows (but without duplication of any item):
(a) general real estate taxes; (b) special assessments or similar charges
paid to the appropriate governmental authorities; (c) personal property
taxes; (d) sales and use taxes; (e) costs of permits and similar
governmental fees, utilities, air conditioning, and heating for the
mortgaged premises; (f) maintenance and repair costs of a non-capital
nature, including, but not limited to, landscaping, parking lot
maintenance, cleaning, security, snow plowing and reserves for
replacements; (g) operating and management expenses and fees, provided,
however, that the amount of such management fees which may be charged
hereunder
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shall not exceed four percent (4%) of Gross Revenues for any
month; (h) premiums paid for insurance carried on or with respect to the
mortgaged premises; (i) reasonable accounting and audit fees and costs; (j)
reasonable attorneys' fees and other administrative and general expenses
and disbursements, in each case reasonably and actually incurred by
mortgagor in connection with the ownership, operation, leasing, occupancy
and management of the mortgaged premises; (k) expenditures made by
mortgagor for tenant improvements to any space on the mortgaged premises if
such expenditures are required in connection with any Lease on the
mortgaged premises, including, but not limited to, architectural fees, fees
paid to contractors, subcontractors, laborers and engineers and
construction supervisory fees (but not including amounts disbursed from the
Escrow Account described herein); (1) direct labor costs for labor used in
the maintenance and repair of the mortgaged premises (but not to exceed
labor costs customarily charged in the Chicago metropolitan area for
similar services on similar properties); (m) leasing commissions paid in
connection with procuring tenants for the mortgaged premises (but not
including amounts disbursed from the Escrow Account described herein); (n)
fees payable to the Escrow Agent under the Escrow Account; (o) expenses
incurred or paid by mortgagor in connection with the modification of the
loan secured hereby (other than attorneys' fees); (p) regularly scheduled
interest and escrow payments pursuant to, respectively, paragraph II(b) of
the note, as amended hereby and pursuant to paragraph 43(B) of the mortgage
as amended hereby; (q) to the extent applied to reduce the indebtedness
evidenced by the mortgage, all gross proceeds of rental loss or business
interruption insurance received by mortgagor, less the actual cost incurred
by mortgagor in collecting such proceeds; (r) to the extent applied to
reduce the indebtedness evidenced by the mortgage, all proceeds of casualty
insurance policies received by mortgagor, less the reasonable costs
incurred by mortgagor in collecting such proceeds; (s) to the extent
applied to reduce the indebtedness evidenced by the mortgage, any and all
gross proceeds of any condemnation awards received by mortgagor in
connection with the taking by any power or authority, whether through the
exercise of the right of condemnation or eminent domain or otherwise, for
the temporary use or permanent taking of the whole or any part of the
mortgaged
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premises, less the actual costs incurred by mortgagor in
collecting such proceeds; (t) return to tenants of their respective
security deposits and interest thereon, to the extent the payment of
interest thereon is provided in such tenant's lease; and (u) replenishment
of amounts expended from the operating account maintained by mortgagor with
respect to the mortgaged premises, not to exceed, however, in any calendar
month, the lesser of the aggregate expenditures for such month or
$50,000.00, and mortgagor shall furnish to mortgagee, with the monthly
statement described in subparagraph (C) of this Paragraph 43, evidence
satisfactory to mortgagee of the purpose of the expenditures from the
operating account and the balance therein from time to time.
Notwithstanding anything included within the above definition
of "Expenses", the following shall be excluded from Expenses: (i)
depreciation, amortization, and other non-cash deduction of mortgagor for
income tax purposes; (ii) payments made in respect of the principal or
interest on, or charges related to, any loan of mortgagor, except as
otherwise included in Expenses pursuant to section (p) above; (iii)
attorneys' fees incurred by mortgagor or paid by mortgagor in connection
with the loan secured hereby or the modification thereof; (iv) any interest
or late fees paid by mortgagor for any overdue or delinquent payments; (v)
any expenditures described in subsections (a) through (u) above made to
third parties related to or affiliated with mortgagor or the beneficiary of
mortgagor which are in excess of a reasonable fee or expense for such
expenditure or which are otherwise in excess of the fees which would be
payable to unrelated third parties in arm's lengths transactions for
similar services in the Chicago metropolitan area; and (vi) costs of
replacements or improvements of a capital nature.
"(3) "Gross Revenues" shall mean all gross income, rentals,
revenues, and consideration, in whatever form or nature, actually received
by or paid to or for the account or benefit of mortgagor, from any and all
sources resulting from or attributable to the ownership, operation,
leasing, and occupancy of the mortgaged premises, directly or indirectly,
determined on the basis of sound cash basis accounting practices
consistently applied, including but not limited to, any or all of the
following (but without duplication of any item); (a) rentals
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and additional rentals payable by Tenants under any Leases; (b)
amounts payable by Tenants pursuant to escalation, percentage rental, or
other adjustment provisions in Leases or on account of maintenance or
service charges, taxes, assessments, utilities, air conditioning and
heating, and other administrative, management, operating, leasing and
maintenance expenses and other pass-through expenses for the mortgaged
premises; (c) late charges and interest payable on rentals; (d) security
deposits payable by tenants and interest on security deposits, reserves or
other accounts held in connection with the mortgaged premises, including,
but not limited to, any restoration accounts; (e) rents and receipts from
furniture, cable television, licenses, concessions, laundry facilities,
vending machines and similar items, including, without limitation, from
garages, carports, parking spaces and storage space; (f) all gross proceeds
of rental loss or business interruption insurance received by mortgagor,
less the actual cost incurred by mortgagor in collecting such proceeds; (g)
all proceeds of casualty insurance policies received by mortgagor, less the
reasonable cost incurred by mortgagor in collecting such proceeds; (h) any
and all gross proceeds of any condemnation awards received by mortgagor in
connection with the taking by any power or authority, whether through the
exercise of the right of condemnation or eminent domain or otherwise, for
the temporary use or permanent taking of the whole or any part of the
mortgaged premises, less the actual costs incurred by mortgagor in
collecting such proceeds; (i) other fees, charges or payments not
denominated as rental payment for or in connection with the rental of space
in the mortgaged premises; (j) payment made as consideration in whole or in
part for the cancellation, modification, extension or renewal of Leases,
including, without limitation, forfeitures of deposits or settlement
payments; (k) rental or other concessions in the nature of rental payment
for, or the fair rental value of, any portion of the mortgaged premises
that may be used by mortgagor or an Affiliate of mortgagor other than
rental paid in connection with an on-site management office maintained by
mortgagor or an Affiliate of mortgagor; and (l) any and all payments made
in connection with any litigation in connection with the mortgaged premises
to mortgagor or an Affiliate of mortgagor, including but not limited to any
payments made in settlement of any such litigation, less the actual costs
incurred by mortgagor or an
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Affiliate of mortgagor in collecting such payments.
Notwithstanding anything included within the above definition of "Gross
Revenues", there shall be excluded from Gross Revenues contributions by the
constituent partners of mortgagor.
Notwithstanding clauses (f), (g) and (h) above, the terms and
conditions of the documents evidencing and securing the loan shall control
the application of such proceeds.
"(4) "Affiliate" shall mean any Person directly or indirectly,
through one or more intermediaries, controlling, controlled by, or under
common control with, the Person in question, which, in the case of a Person
which is a partnership, shall include each of the constituent partners
thereof. The term "control" as used in the immediately preceding sentence,
means, with respect to a Person that is a corporation, the right to the
exercise, directly or indirectly, or the voting rights attributable to the
shares of the controlled corporation, and, with respect to a Person that is
not a corporation, the possession, directly or indirectly, of the power to
direct or cause the direction of the management or policies of the
controlled Person.
"(5) "Leases" shall mean all leases and occupancy agreements,
whether written or verbal, and all amendments, modification, extensions and
renewals thereof, covering all or any portion of the mortgaged premises.
"(6) "Tenants" shall mean all tenants (or permitted assignees
or subtenants at any level thereof) under the Leases and all other tenants
or occupants of the mortgaged premises.
"(7) "Person" shall mean an individual, partnership,
corporation, trust, unincorporated association, or other entity or
association."
5. Mortgagor and Xxxx Xxxxxxx acknowledge that as of the date
hereof, the principal balance of the Loan outstanding is $12,330,749.17.
6. Neither the execution and delivery of this Third Note and
Mortgage Modification Agreement (the "Modification Agreement"), nor
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any provision hereof, shall be deemed to impair or adversely affect in any
way the lien or security interest of the Mortgage or the priority thereof
as existing prior to the date of this Modification Agreement.
7. without any limitation, modification, change or diminution of
any of the interests which Xxxx Xxxxxxx acquired, obtained or has in the
real property described in EXHIBIT A attached hereto on account of the
Mortgage, Mortgagor covenants and agrees that the Mortgage, as amended by
this Modification Agreement, secures all sums evidenced by the Note, and
interest thereon, all payable in accordance with the terms of the Note, as
amended hereby, together with all renewals, extensions, modifications or
amendments to and substitutions for such Note (the terms of the Note being
incorporated into the Mortgage by this reference), and further secures all
other sums described in the Mortgage; provided, however, the maximum amount
of principal indebtedness that may be secured by the Mortgage, at any one
time, is TWELVE MILLION SIX HUNDRED THOUSAND AND NO/100 DOLLARS
($12,600,000.00), plus interest thereon as provided in the Note and any
additional sums advanced by Xxxx Xxxxxxx pursuant to the Note, the
Mortgage, or any other document or instrument securing the Loan as may be
required in order to protect the security of the indebtedness evidenced by
the Note.
8. This Modification Agreement is executed by LaSALLE NATIONAL
TRUST, N.A., a national banking association, as Trustee under a certain
Trust Agreement dated October 24, 1978 and known as Trust No. 100104, (the
"Trust Agreement") not personally, but as
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Trustee as aforesaid in the exercise of the power and authority conferred
upon and vested in it as such Trustee (and said LaSALLE NATIONAL TRUST,
N.A. hereby warrants that is possesses full power and authority to execute
this instrument), and it is expressly understood and agreed that nothing
herein contained shall be construed as creating any liability on said
LaSALLE NATIONAL TRUST, N.A. personally to pay the Note or any interest
that my accrue thereon, or any indebtedness accruing thereunder, or to
perform any covenant either express or implied herein contained (it being
understood and agreed that each of the provisions hereof, except the
warranty hereinabove contained, shall constitute a condition and not a
covenant or agreement regardless of whether the same may be couched in
language of a promise or covenant or agreement), all such personal
liability, if any, being expressly waived by Xxxx Xxxxxxx and by every
person now or hereafter claiming any right or security hereunder, and that
so far as the said LaSALLE NATIONAL TRUST, N.A. personally is concerned,
the legal holder or holders of the Note and the owner or owners of any
indebtedness accruing thereunder shall look solely to the premises conveyed
by the Mortgage and any other security agreements, documents or instruments
or guaranties (all of which are referred to collectively herein as the
"Security Papers") securing the Note for the payment thereof, by the
enforcement of the liens, charges and other rights created by said Security
papers, in the manner herein and in said Security Papers, or by action to
enforce the personal liability of guarantors, if any.
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9. It is expressly understood and agreed that nothing herein
contained in this Modification Agreement, the Note, the Mortgage of any
other document, instrument or agreement evidencing, securing or executed in
connection with the Loan shall be construed as creating any personal
liability of the beneficiary ("Beneficiary") under the Trust Agreement or
of any direct or indirect partners in Beneficiary, or of any officers,
directors, shareholders, employees or agents of Beneficiary or of such
partners in Beneficiary to pay the Note, or any interest that may accrue
thereon, or any indebtedness accruing thereunder, or to perform any
covenant either express or implied, or for any breach of a representation
or warranty, it being understood that the legal holder or holders of the
Note and the owner or owners of any indebtedness accruing thereunder, shall
look solely to the real property securing such indebtedness.
10. Each provision of this Modification Agreement and of the Note
and the Mortgage shall be considered severable, and if for any reason and
provision or provisions or any part thereof are determined to be invalid or
unenforceable under applicable law, such invalidity or unenforceability
shall not impair the validity or enforceability of those portions of the
Modification Agreement, the Note or the Mortgage, as the case may be, which
are valid and enforceable.
11. Except as hereby modified and amended, the Mortgage, the Note
and all other documents evidencing and securing the Note, and all terms and
provisions thereof, are hereby ratified and confirmed.
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IN WITNESS WHEREOF, Mortgagor and Xxxx Xxxxxxx have caused this
Agreement to be executed and delivered as of the date and year first above
written.
LaSALLE NATIONAL TRUST, N.A.,
as successor trustee to LaSalle
National Bank, a national bank-
ing association, not personally
but as Trustee under Trust Number
100104
By XXXXXX X. XXXX
Its: Xxxxxx X. Xxxx
Xx. Vice President
ATTEST:
By: XXXXX X. XXXXX
Xxxxx X. Xxxxx
Its (Assistant) Secretary
(Impress corporate seal here)
XXXX XXXXXXX MUTUAL LIFE INSUR-
ANCE COMPANY, a Massachusetts
corporation
By:
Its:
ATTEST:
By:
Its (Assistant) Secretary
(Impress corporate seal here)
This document may be executed
in counterparts, which together
shall constitute an original.
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IN WITNESS WHEREOF, Mortgagor and Xxxx Xxxxxxx have caused this
Agreement to be executed and delivered as of the date and year first above
written.
LaSALLE NATIONAL TRUST, N.A.,
as successor trustee to LaSalle
National Bank, a national bank-
ing association, not personally
but as Trustee under Trust Number
100104
By
Its:
President
ATTEST:
By:
Its (Assistant) Secretary
(Impress corporate seal here)
XXXX XXXXXXX MUTUAL LIFE INSUR-
ANCE COMPANY, a Massachusetts
corporation
By: XXXXXXX X. XXXXXX
Its Xxxxxxx X. Xxxxxx
ATTEST:
By: XXXXX X. XXXXX
Xxxxx X. Xxxxx
Its (Assistant) Secretary
(Impress corporate seal here)
This document may be executed
in counterparts, which together
shall constitute an original.
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STATE OF ILLINOIS )
) SS.
COUNTY OF XXXX )
The foregoing instrument was acknowledged before me this ----- day
of January, 1996 by XXXXXX X. XXXX - SR. VICE PRESIDENT and XXXXX X. XXXXX
- ASSISTANT SECRETARY President of LaSALLE NATIONAL TRUST, N.A., as
successor trustee to LaSalle National Bank, a national banking association,
on behalf of the association, as Trustee under Trust No. 100104.
---------------------------
NOTARY PUBLIC
(Impress Notarial Seal Here)
My commission expires:---------------------, 19----
COMMONWEALTH OF MASSACHUSETTS)
) SS.
COUNTY OF SUFFOLK )
The foregoing instrument was acknowledged before me this ----- day of
January, 1996 by -------------------------------, -------------------------
of XXXX XXXXXXX MUTUAL LIKE INSURANCE COMPANY, a Massachusetts
corporation, on behalf of the corporation.
---------------------------
NOTARY PUBLIC
(Impress Notarial Seal Here)
My commission expires: ---------------------, 19-----
Address of Property: Xxx Xxxxxxxxx Xxxx
Xxxxxxxxxx, Xxxxxxxx
Permanent Index No: 07-14-200-037-0000
This instrument prepared by (and return after recording to):
Xxxxxxxxx X. Xxxxxxxxxxx, Esq.
Xxxxxx & XxXxxxxxx
000 Xxxx Xxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxx 00000
000-000-0000
or
Box 326
17
EXHIBIT A
PARCEL 1:
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTH WEST CORNER OF THE NORTH EAST 1/4 AFORESAID; THENCE NORTH 86
DEGREES 03 MINUTES 42 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTH EAST
1/4, 927.60 FEET; THENCE NORTH 3 DEGREES 56 MINUTES 18 SECONDS WEST 50.00
FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING NORTH 3 DEGREES 56
MINUTES 18 SECONDS WEST 710.00 FEET; THENCE NORTH 86 DEGREES 03 MINUTES 42
SECONDS EAST ALONG A LINE 760.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH
LINE OF SAID NORTH EAST 1/4, 566.00 FEET; THENCE SOUTH 8 DEGREES 26 MINUTES
11 SECONDS WEST 256.03 FEET; THENCE SOUTH 33 DEGREES 02 MINUTES 24 SECONDS
EAST 278.64 FEET; THENCE SOUTH 47 DEGREES 58 MINUTES 24 SECONDS EAST 254.55
FEET; THENCE SOUTH 3 DEGREES 56 MINUTES 18 SECONDS EAST 33.45 FEET TO THE
NORTHERLY RIGHT OF WAY LINE OF WOODFIELD ROAD; THENCE SOUTH 86 DEGREES 03
MINUTES 42 SECONDS WEST ALONG SAID RIGHT OF WAY LINE 823.58 FEET TO THE
POINT OF BEGINNING, IN XXXX COUNTY, ILLINOIS
PARCEL 2
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTH WEST CORNER OF THE NORTH EAST 1/4 AFORESAID;
THENCE NORTH 0 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST LINE OF
SAID NORTH EAST 1/4, A DISTANCE OF 50.12 FEET TO A POINT; THENCE NORTH 86
DEGREES 03 MINUTES 42 SECONDS EAST ALONG THE NORTHERLY RIGHT OF WAY LINE OF
WOODFIELD ROAD, A DISTANCE OF 924.16 FEET TO A POINT; THENCE NORTH 3
DEGREES 56 MINUTES 18 SECONDS WEST A DISTANCE OF 229.00 FEET TO A POINT OF
BEGINNING; THENCE SOUTH 86 DEGREES 03 MINUTES 42 SECONDS WEST A DISTANCE OF
59.00 FEET TO A POINT; THENCE NORTH 3 DEGREES 56 MINUTES 18 SECONDS WEST A
DISTANCE OF 229.00 FEET TO A POINT OF BEGINNING; THENCE SOUTH 86 DEGREES
03 MINUTES 42 SECONDS WEST A DISTANCE OF 59.00 FEET TO A POINT; THENCE
NORTH 3 DEGREES 56 MINUTES 18 SECONDS WEST A DISTANCE OF 481.00 FEET TO A
POINT; THENCE NORTH 86 DEGREES 03 MINUTES 42 SECONDS EAST A DISTANCE OF
59.00 FEET TO A POINT; THENCE SOUTH 3 DEGREES 56 MINUTES 18 SECONDS EAST A
DISTANCE OF 481.00 FEET TO THE POINT OF BEGINNING, ALL IN XXXX COUNTY,
ILLINOIS
PARCEL 3:
EASEMENTS APPURTENANT TO AND FOR THE BENEFIT OF PARCELS 1 AND 2 AS CREATED
AND SET FORTH IN DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND
EASEMENTS DATED JULY 2, 1979 BETWEEN LASALLE NATIONAL BANK, A NATIONAL
BANKING ASSOCIATION, NOT PERSONALLY, BUT AS TRUSTEE UNDER A TRUST AGREEMENT
DATED OCTOBER 24, 1978 AND KNOWN AS TRUST NUMBER 100103, LASALLE NATIONAL
BANK, A NATIONAL BANKING ASSOCIATION, NOT PERSONALLY, BUT AS TRUSTEE UNDER
A TRUST AGREEMENT DATED OCTOBER 24, 1978 AND KNOWN AS TRUST NUMBER 100104,
AND THE FIRST NATIONAL BANK OF CHICAGO, NO PERSONALLY, BUT AS TRUSTEE OF
THE FIRST NATIONAL BANK OF CHICAGO GROUP TRUST FOR PENSION AND PROFIT
SHARING TRUSTS, FUND "F", UNDER DECLARATION OF TRUST DATED DECEMBER 1,
1972, AND RECORDED OCTOBER
17, 1979 IN THE OFFICE OF THE RECORDER OF DEEDS OF XXXX COUNTY, ILLINOIS AS
DOCUMENT NUMBER 25196718, OVER THE FOLLOWING DESCRIBED REAL PROPERTY:
PARCEL "A":
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE POINT OF INTERSECTION OF A LINE DRAWN 561.22 FEET (MEASURED
PERPENDICULARLY) SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF GOLF ROAD AS
DESCRIBED IN DOCUMENT NUMBER 10488004 WITH THE XXXX XXXX XX XXX XXXXXXXXX
XXXXX XXXX 0/0; THENCE SOUTH 530.00 FEET ALONG SAID WEST LINE TO A POINT;
THENCE NORTH 87 DEGREES 19 MINUTES 50 SECONDS EAST, 482.00 FEET ALONG A
LINE PARALLEL WITH THE SOUTH LINE OF GOLF ROAD AFORESAID; THENCE SOUTH 14
DEGREES 43 MINUTES 48 SECONDS EAST, 112.178 FEET THENCE SOUTH 87 DEGREES 22
MINUTES 25 SECONDS EAST, 218.229 FEET; THENCE NORTH 74 DEGREES 52 MINUTES
34 SECONDS EAST, 38.33 FEET; THENCE SOUTH 79 DEGREES 22 MINUTES 49 SECONDS
EAST, 162.788 FEET; THENCE NORTH 87 DEGREES 19 MINUTES 50 SECONDS EAST,
227.00 FEET; THENCE SOUTH 49 DEGREES 05 MINUTES 46 SECONDS EAST, 155.694
FEET; THENCE NORTH 87 DEGREES 19 MINUTES 50 SECONDS EAST, 175.00 FEET;
THENCE NORTH 02 DEGREES 40 MINUTES 10 SECONDS EAST, 70.00 FEET; THENCE
NORTHEASTERLY 617.352 FEET ALONG THE ARC OF A CIRCLE OF 500.00 FEET RADIUS,
CONVEX TO THE NORTH WEST AND WHOSE CHORD BEARS NORTH 54 DEGREES 37 MINUTES
34 SECONDS EAST TO A POINT OF TANGENCY, SAID POINT OF TANGENCY BEGIN
771.913 FEET WESTERLY OF THE EAST LINE OF THE AFORESAID NORTH EAST 1/4 OF
SECTION 14, (AS MEASURED ALONG A LINE DRAWN 66.00 FEET SOUTH OF AND
PARALLEL WITH THE SOUTHERN TERMINUS AND WESTERLY EXTENSION THEREOF OF
XXXXXXX ROAD AS DESCRIBED PER COURT CASE NUMBER 68-"L"-13469, IN THE WEST
1/2 OF THE NORTH WEST 1/4 OF SECTION 13, TOWNSHIP AND RANGE AFORESAID);
THENCE SOUTH 89 DEGREES 59 MINUTES 52 SECONDS WEST, 171.24 FEET ALONG THE
AFORESAID WESTERLY EXTENSION OF THE SOUTHERN TERMINUS OF XXXXXXX ROAD;
THENCE NORTH 2 DEGREES 40 MINUTES 10 SECONDS WEST, 66.072 FEET; THENCE
NORTHWESTERLY 84.054 FEET ALONG THE ARC OF A CIRCLE OF 84.00 FEET RADIUS.
CONVEX TO THE SOUTH WEST AND WHOSE CHORD BEARS NORTH 61 DEGREES 20 MINUTES
11 SECONDS WEST, TO A POINT OF TANGENCY; THENCE NORTH 32 DEGREES 40 MINUTES
10 SECONDS WEST, 256.717 FEET ALONG A LINE TANGENT TO THE LAST DESCRIBED
ARC TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 157.079 FEET ALONG THE
ARC OF A CIRCLE OF 150.00 FEET RADIUS, WHICH ARC IS TANGENT TO THE
AFORESAID 561.22 FEET PARALLEL LINE AT A POINT 1404.175 FEET (AS MEASURED
ALONG SAID PARALLEL LINE), EASTERLY OF THE POINT OF BEGINNING, CONVEX TO
THE NORTH EAST AND HAS A CHORD BEARING OF NORTH 62 DEGREES 40 MINUTES 10
SECONDS WEST, TO SAID PARALLEL LINE; THENCE SOUTH 87 DEGREES 19 MINUTES 50
SECONDS WEST, 1404.175 FEET ALONG SAID PARALLEL LINE TO THE POINT OF
BEGINNING, (EXCEPTING THAT PART OF THE AFORESAID PARCEL FALLING WITHIN
DEDICATED STREETS AND HIGHWAYS AS SHOWN ON DOCUMENT NUMBER 22935012
RECORDED DECEMBER 12, 1974) IN XXXX COUNTY, ILLINOIS;
PARCEL "B":
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE INTERSECTION OF THE WEST LINE OF THE SAID NORTH EAST 1/4 OF SECTION 14
WITH A LINE BEING 561.22 FEET (MEASURED PERPENDICULARLY) SOUTH OF AND
PARALLEL WITH THE SOUTH LINE OF GOLF ROAD, PER DOCUMENT NUMBER 10488004;
THENCE SOUTH ALONG THE WEST LINE OF
X-0
XXX XXXX XXXXX XXXX 0/0, X DISTANCE OF 530.00 FEET TO THE POINT OF
BEGINNING; THENCE EASTWARD ALONG A LINE BEING PARALLEL WITH THE SOUTH LINE
OF GOLF ROAD AFORESAID, NORTH 87 DEGREES 19 MINUTES 50 SECONDS EAST, A
DISTANCE OF 482.00 FEET; THENCE SOUTH 14 DEGREES 43 MINUTES 48 SECONDS
EAST, A DISTANCE OF 112.178 FEET; THENCE SOUTH 87 DEGREES 22 MINUTES 25
SECONDS EAST, A DISTANCE OF 218.229 FEET; THENCE NORTH 74 DEGREES 52
MINUTES 34 SECONDS EAST, A DISTANCE OF 38.33 FEET; THENCE SOUTH 79 DEGREES
22 MINUTES 49 SECONDS EAST, A DISTANCE OF 162.788 FEET; THENCE NORTH 87
DEGREES 19 MINUTES 50 SECONDS EAST, A DISTANCE OF 227.00 FEET; THENCE SOUTH
49 DEGREES 05 MINUTES 46 SECONDS EAST, A DISTANCE OF 97.198 FEET; THENCE
SOUTH 62 DEGREES 27 MINUTES 08 SECONDS WEST, A DISTANCE OF 54.06 FEET;
THENCE SOUTH 37 DEGREES 44 MINUTES 07 SECONDS EAST, A DISTANCE OF 95.78
FEET; THENCE SOUTH 64 DEGREES 50 MINUTES 51 SECONDS EAST, A DISTANCE OF
127.53 FEET; THENCE SOUTH 23 DEGREES 37 MINUTES 15 SECONDS EAST, A DISTANCE
OF 244.51 FEET; THENCE SOUTH 8 DEGREES 26 MINUTES 11 SECONDS WEST, A
DISTANCE OF 334.05 FEET; THENCE SOUTH 33 DEGREES 02 MINUTES 24 SECONDS
EAST, A DISTANCE OF 278.64 FEET; THENCE SOUTH 47 DEGREES 58 MINUTES 24
SECONDS EAST, A DISTANCE OF 254.55 FEET; THENCE SOUTH 3 DEGREES 56 MINUTES
18 SECONDS EAST, A DISTANCE OF 83.45 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTH EAST 1/4 OF SAID SECTION 14; THENCE WESTWARD ALONG THE SAID SOUTH
LINE, SOUTH 86 DEGREES 03 MINUTES 42 SECONDS WEST, A DISTANCE OF 1751.19
FEET TO THE SOUTH WEST CORNER OF THE SAID NORTH EAST 1/4 OF SECTION 14;
THENCE NORTH ALONG THE WEST LINE OF THE SAID NORTH EAST 1/4, A DISTANCE OF
1486.043 FEET TO THE POINT OF BEGINNING, ALL IN XXXX COUNTY, ILLINOIS,
EXCEPTING THEREFROM THAT PART OF THE FOREGOING PARCEL DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTH WEST CORNER OF THE NORTH EAST 1/4 AFORESAID; THENCE NORTH 86
DEGREES 03 MINUTES 42 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTH EAST
1/4 927.60 FEET; THENCE NORTH 3 DEGREES 56 MINUTES 18 SECONDS WEST 50.00
FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING NORTH 3 DEGREES 56
MINUTES 18 SECONDS WEST 710.FEET; THENCE NORTH 86 DEGREES 03 MINUTES 42
SECONDS EAST ALONG A LINE 760.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH
LINE OF SAID NORTH EAST 1/4 566.00 FEET; THENCE SOUTH 8 DEGREES 26 MINUTES
11 SECONDS WEST 256.03 FEET; THENCE; SOUTH 33 DEGREES 02 MINUTES 24 SECONDS
EAST 278.64 FEET; THENCE SOUTH 47 DEGREES 58 MINUTES 24 SECONDS EAST 254.55
FEET; THENCE SOUTH 3 DEGREES 56 MINUTES 18 SECONDS EAST 33.45 FEET TO THE
NORTHERLY RIGHT-OF-WAY LINE OF WOODFIELD ROAD; THENCE SOUTH 86 DEGREES 03
MINUTES 42 SECONDS WEST ALONG SAID RIGHT OF WAY LINE 823.58 FEET TO THE
POINT OF BEGINNING, IN XXXX COUNTY, ILLINOIS;
AND ALSO
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENDING AT
THE SOUTH WEST CORNER OF THE NORTH EAST 1/4 AFORESAID; THENCE NORTH 0
DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST LINE OF SAID NORTH EAST
1/4, A DISTANCE OF 50.12 FEET TO A POINT; THENCE NORTH 86 DEGREES 03
MINUTES 42 SECONDS EAST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF WOODFIELD
ROAD, A DISTANCE OF 924.16 FEET TO A POINT; THENCE NORTH 3 DEGREES 56
MINUTES 18 MINUTES 18 SECONDS WEST A DISTANCE OF 229.00 FEET TO A POINT OF
BEGINNING; THENCE SOUTH 86 DEGREES 03 MINUTES 42 SECONDS WEST A DISTANCE OF
59.00 FEET TO A POINT; THENCE NORTH 3 DEGREES 56 MINUTES 18 SECONDS WEST A
DISTANCE OF 481.00 FEET TO A POINT; THENCE NORTH 86 DEGREES 03 MINUTES 42
SECONDS EAST A DISTANCE OF 59.00 FEET TO A POINT; THENCE SOUTH 3 DEGREES 56
MINUTES 18 SECONDS EAST A DISTANCE OF 481.00 FEET TO POINT OF BEGINNING, IN
XXXX COUNTY, ILLINOIS;
A-3
PARCEL "C":
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTH WEST CORNER OF THE SAID NORTH EAST 1/4 OF SECTION 14; THENCE
EASTWARD ALONG THE SOUTH LINE OF THE SAID NORTH EAST 1/4, NORTH 86 DEGREES
03 MINUTES 42 SECONDS EAST, A DISTANCE OF 1751.19 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 3 DEGREES 56 MINUTES 18 SECONDS WEST, A DISTANCE OF
83.45 FEET; THENCE NORTH 47 DEGREES 58 MINUTES 24 SECONDS WEST, A DISTANCE
OF 254.55 FEET; THENCE NORTH 33 DEGREES 02 MINUTES 24 SECONDS WEST, A
DISTANCE OF 278.64 FEET; THENCE NORTH 8 DEGREES 26 MINUTES 11 SECONDS EAST,
A DISTANCE OF 334.05 FEET; THENCE NORTH 23 DEGREES 37 MINUTES 15 SECONDS
WEST, A DISTANCE OF 244.51 FEET; THENCE NORTH 64 DEGREES 50 MINUTES 51
SECONDS WEST, A DISTANCE OF 127.53 FEET; THENCE NORTH 37 DEGREES 44 MINUTES
07 SECONDS WEST, A DISTANCE OF 95.78 FEET; THENCE NORTH 62 DEGREES 27
MINUTES 08 SECONDS EAST, A DISTANCE OF 54.06 FEET; THENCE SOUTH 49 DEGREES
05 MINUTES 46 SECONDS EAST, A DISTANCE OF 58.496 FEET; THENCE NORTH 87
DEGREES 19 MINUTES 50 SECONDS EAST, A DISTANCE OF 175.00 FEET; THENCE SOUTH
5 DEGREES 02 MINUTES 21 SECONDS EAST, A DISTANCE OF 298.79 FEET; THENCE
SOUTH 10 DEGREES 25 MINUTES 51 SECONDS EAST, A DISTANCE OF 447.39 FEET;
THENCE SOUTH 42 DEGREES 49 MINUTES 50 SECONDS EAST, A DISTANCE OF 502.73
FEET TO A POINT ON THE NORTHERLY LINE OF WOODFIELD ROAD AS DEDICATED AS
DOCUMENT NUMBER 22935012; THENCE SOUTH 3 DEGREES 56 MINUTES 18 SECONDS
EAST, A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH LINE OF THE SAID
NORTH EAST 1/4 OF SECTION 14; THENCE WESTWARD ALONG THE SAID WORTH LINE,
SOUTH 86 DEGREES 03 MINUTES 42 SECONDS WEST, A DISTANCE OF 150.00 FEET TO
THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART DEDICATED FOR ROAD
PURPOSES BY PLAT OF DEDICATION FOR PUBLIC STREET DATED JULY 9, 1974 AND
RECORDED DECEMBER 12, 1974 AS DOCUMENT NUMBER 22935012, ALL IN XXXX COUNTY,
ILLINOIS
PARCEL "D":
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE POINT OF INTERSECTION OF A LINE DRAWN 561.22 FEET (MEASURED
PERPENDICULARLY) SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF GOLF ROAD AS
DESCRIBED IN DOCUMENT NUMBER 10488004 WITH THE XXXX XXXX XX XXX XXXXXXXXX
XXXXX XXXX 0/0; THENCE SOUTH 530.00 FEET ALONG SAID WEST LINE TO THE PLACE
OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE NORTH 87 DEGREES 19
MINUTES 50 SECONDS EAST 482.00 FEET ALONG A LINE PARALLEL WITH THE SOUTH
LINE OF GOLF ROAD AFORESAID; THENCE SOUTH 14 DEGREES 43 MINUTES 48 SECONDS
EAST 112.178 FEET; THENCE SOUTH 87 DEGREES 22 MINUTES 25 SECONDS EAST,
218.229 FEET; THENCE NORTH 74 DEGREES 52 MINUTES 34 SECONDS EAST 38.33
FEET; THENCE SOUTH 79 DEGREES 22 MINUTES 49 SECONDS EAST, 162.788 FEET;
THENCE NORTH 87 DEGREES 19 MINUTES 50 SECONDS EAST 227.00 FEET; THENCE
SOUTH 49 DEGREES 05 MINUTES 46 SECONDS EAST 155.694 FEET; THENCE NORTH 87
DEGREES 19 MINUTES 50 SECONDS EAST 175.00 FEET; THENCE NORTH 02 DEGREES 40
MINUTES 10 SECONDS EAST 70.00 FEET; THENCE NORTHEASTERLY 617.352 FEET ALONG
THE ARC OF A CIRCLE OF 500.00 FEET RADIUS, CONVEX TO THE NORTH WEST AND
WHOSE CORD BEARS NORTH 54 DEGREES 37 MINUTES 34 SECONDS EAST TO A POINT OF
TANGENCY, SAID POINT OF TANGENCY BEING 771.913 WESTERLY OF THE EAST LINE OF
THE AFORESAID NORTH EAST 1/4 OF SECTION 14 (AS MEASURED ALONG A LINE DRAWN
66.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTHERN
A-4
TERMINUS AND THE WESTERLY EXTENSION THEREOF OF XXXXXXX ROAD AS DESCRIBED
PER COURT CASE NUMBER 68-"L"-13469 IN THE WEST 1/2 OF THE NORTH WEST 1/4
SECTION 13, TOWNSHIP AND RANGE AFORESAID); THENCE NORTH 89 DEGREES 59
MINUTES 52 SECONDS EAST 771.913 FEET ALONG SAID EXTENSION TO THE EAST LINE
OF THE AFORESAID NORTH EAST 1/4 OF SECTION 14; THENCE SOUTH 0 DEGREES 04
MINUTES 02 SECONDS EAST 1506.436 FEET ALONG SAID EAST LINE OF THE NORTH
EAST 1/4 TO THE SOUTH EAST CORNER THEREOF; THENCE SOUTH 86 DEGREES 03
MINUTES 42 SECONDS WEST 2699.57 FEET ALONG THE SOUTH LINE OF SAID NORTH
EAST 1/4 TO THE SOUTH WEST CORNER THEREOF; THENCE NORTH 1486.043 FEET ALONG
THE WEST LINE OF SAID NORTH EAST 1/4 TO THE PLACE OF BEGINNING, IN XXXX
COUNTY, ILLINOIS, EXCEPTING THEREFROM THOSE PARTS OF THE FOREGOING PARCEL
DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTH EAST 1/4 OF SECTION, TOWNSHIP 41 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE INTERSECTION OF THE WEST LINE OF THE SAID NORTH EAST 1/4 OF SECTION 14
WITH A LINE BEING 561.22 FEET (MEASURED PERPENDICULARLY) SOUTH OF AND
PARALLEL WITH THE SOUTH LINE OF GOLF ROAD, PER DOCUMENT NUMBER 10488004;
THENCE SOUTH ALONG THE WEST LINE OF THE SAID NORTH EAST 1/4, A DISTANCE OF
530.00 FEET TO THE POINT OF BEGINNING; THENCE EASTWARD ALONG A LINE BEING
PARALLEL WITH THE SOUTH LINE OF GOLF ROAD AFORESAID, NORTH 87 DEGREES 19
MINUTES 50 SECONDS EAST, A DISTANCE OF 482.00 FEET; THENCE SOUTH 14 DEGREES
43 MINUTES 48 SECONDS EAST, A DISTANCE OF 112.178 FEET; THENCE SOUTH 87
DEGREES 22 MINUTES SECONDS EAST, A DISTANCE OF 218.229 FEET; THENCE NORTH
74 DEGREES 52 MINUTES 34 SECONDS EAST, A DISTANCE OF 38.33 FEET; THENCE
SOUTH 79 DEGREES 22 MINUTES 49 SECONDS EAST, A DISTANCE OF 162.788 FEET;
THENCE NORTH 87 DEGREES 19 MINUTES 50 SECONDS EAST, A DISTANCE OF 227.00
FEET; THENCE SOUTH 49 DEGREES 05 MINUTES 46 SECONDS EAST, A DISTANCE OF
97.198 FEET; THENCE SOUTH 62 DEGREES 27 MINUTES 08 SECONDS WEST A DISTANCE
OF 54.06 FEET; THENCE SOUTH 37 DEGREES 44 MINUTES 07 SECONDS EAST, A
DISTANCE OF 95.78 FEET; THENCE SOUTH 64 DEGREES 50 MINUTES 51 SECONDS EAST,
A DISTANCE OF 127.53 FEET; THENCE SOUTH 23 DEGREES 37 MINUTES 15 SECONDS
EAST, A DISTANCE OF 244.51 FEET; THENCE SOUTH 8 DEGREES 26 MINUTES 11
SECONDS WEST, A DISTANCE OF 334.05 FEET; THENCE SOUTH 33 DEGREES 02 MINUTES
24 SECONDS EAST, A DISTANCE OF 278.64 FEET; THENCE SOUTH 47 DEGREES 58
MINUTES 24 SECONDS EAST, A DISTANCE OF 254.55 FEET; THENCE SOUTH 3 DEGREES
56 MINUTES 18 SECONDS EAST, A DISTANCE OF 83.45 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTH EAST 1/4 OF SAID SECTION 14; THENCE WESTWARD ALONG
THE SAID SOUTH LINE, SOUTH 86 DEGREES 03 MINUTES 42 SECONDS WEST, A
DISTANCE OF 1751.19 FEET TO THE SOUTH WEST CORNER OF THE SAID NORTH EAST
1/4 OF SECTION 14; THENCE NORTH ALONG THE WEST LINE OF THE SAID NORTH EAST
1/4, A DISTANCE OF 1486.043 FEET TO THE POINT OF BEGINNING, ALL IN XXXX
COUNTY, ILLINOIS, AND ALSO EXCEPT
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTH WEST CORNER OF THE SAID NORTH EAST 1/4 OF SECTION 14; THENCE
EASTWARD ALONG THE SOUTH LINE OF THE SAID NORTH EAST 1/4 NORTH 86 DEGREES
03 MINUTES 42 SECONDS EAST, A DISTANCE OF 1751.19 FEET TO THE POINT OF
BEGINNING, THENCE NORTH 3 DEGREES 56 MINUTES 18 SECONDS WEST, A DISTANCE OF
83.45 FEET; THENCE NORTH 47 DEGREES 58 MINUTES 24 SECONDS WEST, A DISTANCE
OF 254.55 FEET; THENCE NORTH 33 DEGREES 02 MINUTES 24 SECONDS WEST, A
DISTANCE OF 278.64 FEET; THENCE NORTH 8 DEGREES 26 MINUTES 11 SECONDS EAST,
A DISTANCE OF 334.05 FEET;
A-5
THENCE NORTH 23 DEGREES 37 MINUTES 15 SECONDS WEST, A DISTANCE OF 244.51
FEET; THENCE NORTH 64 DEGREES 50 MINUTES 51 SECONDS WEST, A DISTANCE OF
127.53 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 07 SECONDS WEST, A DISTANCE
OF 95.78 FEET; THENCE NORTH 6 DEGREES 27 MINUTES 08 SECONDS EAST, A
DISTANCE OF 54. 06 FEET; THENCE SOUTH 49 DEGREES 05 MINUTES 46 SECONDS
EAST, A DISTANCE OF 58.496 FEET; THENCE NORTH 87 DEGREES 19 MINUTES 50
SECONDS EAST, A DISTANCE OF 175.00 FEET; THENCE SOUTH 5 DEGREES 02 MINUTES
21 SECONDS EAST, A DISTANCE OF 298.79 FEET; THENCE SOUTH 10 DEGREES 25
MINUTES 51 SECONDS EAST, A DISTANCE OF 447.39 FEET; THENCE SOUTH 42 DEGREES
49 MINUTES 50 SECONDS EAST, A DISTANCE OF 502.73 FEET TO A POINT ON THE
NORTHERLY LINE OF WOODFIELD ROAD AS DEDICATED. AS DOCUMENT NUMBER
22935012; THENCE SOUTH 3 DEGREES 56 MINUTES 18 SECONDS EAST, A DISTANCE OF
50.00 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH EAST 1/4 OF SECTION
14; THENCE WESTWARD ALONG SAID SOUTH LINE, SOUTH 86 DEGREES 03 MINUTES 42
SECONDS WEST, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART DEDICATED FOR ROAD PURPOSES BY PLAT OF
DEDICATION FOR PUBLIC STREET DATED JULY 9, 1974 AND RECORDED DECEMBER 12,
1974 AS DOCUMENT 22935012, ALL IN XXXX COUNTY, ILLINOIS
PARCEL 4:
EASEMENT APPURTENANT TO AND FOR THE BENEFIT OF PARCELS 1 AND 2 AS CREATED
AND SET FORTH IN EASEMENT GRANT DATED JUNE 3, 1980 BETWEEN LASALLE NATIONAL
BANK, A NATIONAL BANKING ASSOCIATION, NOT PERSONALLY, BUT AS TRUSTEE UNDER
TRUST AGREEMENT DATED OCTOBER 24, 1978 AND KNOWN AS TRUST NUMBER 100103,
GRANTOR, AND LASALLE NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, NOT
PERSONALLY, BUT AS TRUSTEE UNDER TRUST AGREEMENT DATED OCTOBER 24, 1978 AND
KNOWN AS TRUST NUMBER 100104, GRANTEE, AND RECORDED JULY 14, 1980 IN THE
OFFICE OF THE RECORDER OF DEEDS OF XXXX COUNTY, ILLINOIS AS DOCUMENT
25513407 FOR PARKING OF MOTOR VEHICLES AND FOR ACCESS AND INGRESS OVER THE
FOLLOWING DESCRIBED REAL PROPERTY:
THAT PART OF THE NORTH EAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 10,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTH WEST CORNER OF THE NORTH EAST 1/4 AFORESAID; THENCE
DUE NORTH ALONG THE WEST LINE OF THE NORTH EAST 1/4 OF SAID SECTION 14, A
DISTANCE OF 50.12 FEET TO A POINT; THENCE NORTH 86 DEGREES, 03 MINUTES, 42
SECONDS EAST ALONG THE NORTHERLY RIGHT-OF-WAY LINE AS WOODFIELD ROAD AND
ITS WESTERLY EXTENSION A DISTANCE OF 924.16 FEET TO A POINT; THENCE NORTH 3
DEGREES, 56 MINUTES, 18 SECONDS WEST A DISTANCE OF 229.00 FEET TO A POINT;
THENCE SOUTH 86 DEGREES, 03 MINUTES, 42 SECONDS WEST A DISTANCE OF 59.00
FEET TO A POINT; THENCE NORTH 3 DEGREES, 56 MINUTES, 18 SECONDS WEST A
DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL OF LAND; THENCE CONTINUING NORTH 3 DEGREES, 56 MINUTES, 18 SECONDS
WEST A DISTANCE OF 72.00 FEET TO A POINT; THENCE SOUTH 86 DEGREES, 03
MINUTES, 42 SECONDS WEST ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED
COURSE, A DISTANCE OF 72.00 FEET TO A POINT; THENCE SOUTH 3 DEGREES, 56
MINUTES, 18 SECONDS EAST, A DISTANCE OF 72.00 FEET TO A POINT; THENCE NORTH
86 DEGREES, 03 MINUTES, 42 SECONDS EAST A DISTANCE OF 72.00 FEET TO THE
HEREINABOVE DESIGNATED POINT OF BEGINNING, ALL IN XXXX COUNTY, ILLINOIS.
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