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HomeMy Public PortalAboutOrdinance 0865r ~t~ .~ . ... CHAPTER l ARTICLE 5 RCAL PROPERTY (PURCHASE, LEASE OR SALE) Sec. 5-1; An Ordinance Allowing Certain Leasing Arrangements of Property for the Funding of the Construction of the I*Tew Village Hall ' BF IT ORDAZN~:D, BY THE PRESIDENT AND BOARD OF TRUSTEES OF TIi1; VILLAGE OF PI,AINFI2;LD, AS FOLLO~aS Sec. 5--1--1: Lease as Lessor Authorized. That under the powers granted by Chapter 2~4, Illinois Rev es~ d Statutes 1975,. as amonded, paragraphs 11-G2-1 and 11--76--~., the Board of Trustees herewith ma}~es provisions for the erection of a new Village IIa11 and the funding thereof, and declares that the real property here- inafter described shall for the hest interests of the Village be leased for a term of nine (9) years and eleven (11) months for a cansideratibn of One ITundred Fifteen Thousand Dollars ($115.000) payable in one sum at the commencement of the term. Sec. 5-1-2: Trust Authorized. That the President of the e Clerk shall, for and on V lla d th g e Board of Trustees an behalf of the Village, enter into a certaa.n trust agreement with the Union National Bank and Trust Company of Joliet, as Trustee, in which the President and Board of 'T'rustees hold the beneficial. interest and power of direction of said trust for and on behalf of the Village. Sec. 5-1--3: Terms of Lease as Lessor. That the President of the Board of Trustees and the Village Clerk shall for and on i behalf of the Village enter a.nta a Lease whereby the Village as Lessor. shall lease unto the Union National Bank and Trust Company of Joliet, as Trustee, under the trust agreement cited above and known as Trust Number 2262 for a term of nine (9) years and eleven (ll) months at a rental of One Hundred Fa.fteen Thousand Dollars ($115,000) commenca.ncT twenty (20) days after the passage hereof, the following described property, to-wit: ~~ T3eginning at the intersection of the Southerly right of way line of Public Service Company as conveyed by Idarranty Deed dated September 14, 1916, and recorded September 12, 1926, as Document No. 399003 with. the Easterly line of the Northeast Quarter of Section 9, in Township 3G North, Range 9 East of the Third Prin- ci.pal Meridian, will County, Illinois; thence South ,along the East line of said quarter section 500 feet to a point; thence West parallel to the South line of the Northeast Quarter of Section 9 aforesaid, a distance of 250 feet to a point; thence North 40 feet parallel to the East line of said quarter section to ' a point; thence West parallel to the South line of said quarter section to the easterly line of the land conveyed to Union National Bank and Trust Company of Joliet, zllinois, as Trustee, under Trust Agreement dated August 23, 1974, and known as Trust No. 1775 by Warranty Deed dated February 26, 1975, and recorded April 21, 1975, as Document No. R75-8944; thence North along the easterly line of the land conveyed by said Document No. R75-8944 aforesaid to the Southerly right of way line of Public Service Company as con- veyed by Document No. 399003 aforesaid; thence Northeasterly along the Sou;tlierly right of way line of Public Service Company aforesaid to the point of beginning. Sec. 5-1-4: Lease as Lessee Authorized. That. pursuant to the power stated in Chapter 24, Illinoa.s Revised Statutes 1975, paragraph 11-61-3, the President of the Board of Trus- tees and the Village Clerk shall for and on behalf of the Village enter into a Lease as Lessee wherein the Union National Bank and Trust Company of Joliet as Trustee under the terms of its Trust Number 226?., as Lessor, leases the property above described fox a period of nine (9) years eleven (11) months commencing twenty (20) days after the passage hereof at a rental rate of One iiundre.d Fifteen Thou- sand Dollars ($115,000) to be paid in equal annual install- ments of Eleven Thousand Five hundred i.]ollars ($11,500) each plus interest on the sum remaining from time to time unpaid at the rate of 5-3/4 per cent per annum. Sec. 5-1-5: Trustee meld Harmless. That said Leases shall include a guarantee of the Village to hold harmless the Trustee from any action arising from the actions or in- actions ~ of the Trustee . Sec. 5-1-6: Best Interest of Village to Fund Village Ha11. That it is the specx.f~.c finding of this Board that the passage of this ordinance is for the best interests of the Village and that the Leases described herein are necessary a,i;~ for the funding of the construction of the Villag_ e Hall upon the premises described above. Sec. 5--1--7; Payments from General Corporate Fund. That the payment of the rental payments described above shall be made from the general corporate fund. :r ~ r s Sec. 5-~.-~: Payments from 7Tevenue Sharing. That Federal Revenue Sharing Funds shall_~in part be committed to this project. Sec. 5~-1-9: Officers Authorized. That the President of the Board of Trustees and the Village Clerk are authorized to take such action and to execute all necessary documents so as to perfect the intent of this Ordinance. That this Ordinance shall be in force. from and after its approval and publication as prided by law and, shall be numbered as Ordinance X10. This Ordinance passed by thxee-quarters of the corporate authorities now holding office. Passed this 7th day of June, 1976. Ayes ~ Nays ~ Absent ~~ r'~ Village erk Approved this 7th day of June, 1976. d ~ .,r . _ ~ ~. President i ATTEST: Villa e Cl~rle' R7~-~~~D:~~ ~~' I~ '76 'U~ 3 7 A~•10:'.4 5 LEASE FROM VILLAGE TO TRUSTEE ~~~~~ ~ ~~Q ,, THIS INDENTURE OF LEASE made and executed this 2th day of June , 1976, by and between the VILLAGE OF PLAINFIELD, Will County,, Illinois, a Municipal corporation, party of the first part (herein- after called the LESSOR) and UNION NATIONAL T3AtJK AND TRUST COMPAATY OF JOLIET, as Trustee, under the terms of its Trust Agreement dated the 28thday of June , 1976, and known as Trust #k2262, party of the second part (hereinafter called the LESSEE), witness these presents: That the Lessor for and in consideration of the covenants and agreements hereinafter set forth to be kept and performed by the'. Lessee has., demised to said Lessee all those premised situated in the Village of T?lainfield,.County of Will, State of T1linois, known and described as follows,. to~-wa.t: $~~ -: w _~~._ ~~~ ~ '~ E Qa .8~ ~. ~~ ~' ""+ ~ .~ .. v t Beginning at the intersection of the Southerly right of way line of Public Service Company as conveyed ley T+larranty Deed dated September 14, 1916, and recorded September 12, 7.926, as Document No. 399003 with the Easterly lane of the l~Toxtheast quarter of Section 9, in Township 36 North, Range 9 East of the third Principal Meridian, Will County, Illi,nais; thence South along the Fast line of said quarter section 500 feet to a point; thence West parallel to the South line of the Northeast Quarter of Section 9 aforesaid, a distance of 250 feet to a point; thence North 40 feet parallel to the East line of said quarter section to a point; thence West parallel to the South Jane of said quarter section to the Easterly line of the land conveyed to Union National Bank and Trust Company of Joliet, Illinois, as Trustee, under Tx'ust Agreement dated August 23, 1974, and knoti~~n as Trust Na. 1775 by [warranty Deed dated February 26, 19.75, and recorded April 7.1, 1975, as 1ocument No. R75-8944; thence North alonc3 the Easterly .line of the land conveyed by said .Document No. R75--8944 aforesaid to the Southerly right of way line of Public Service Company as conveyed by Document No. 399003 aforesaid; thence TTortheasterly along the Southerly right of way lane of Public Service Company aforesaid to the point of beginning. TO HAVE ArdD TO FTOLD the same together with the building novr under construction thereon and appurtenances thereto to said Lessee for the term beginning the 2Bthday of June , ].976, and ending the 27th day of "-'lay 198G. The Lessee in consideration of the leasing of the premises aforesaid hereby covenants and agrees with the Lessor to pay the said Lessor as rent in advance for the sand premises at the office of said Lessor rental in the amount of Orie Hundred Fifteen Thousand and No/100 ($115,000.00) Dollars payable at the date hereof, receipt whereof is hereby ac}cnowledged. ~~ . - ,. _~- Res-~ov~8 It is understood by the parties hereto that Lessee will enter into a second indenture of Lease dated of even date herewith leasing said property to the Lessor herein. Tt being further under- stood that there is being constructed on the premises herein demised a Village Hall, Lessor agrees that it will hold Lessee harmless from any act or action, or nonaction, taken by the Lessee pursuant to the terms of this document or any other document executed by the Trustee pursuant to Chapter 1, Article 5, Seca 5-1 of the Codified Ordinances of the Village of Plainfield, Wi11 County, Illinois, being an Ordinance entitled, "An Ordinance Allowing Certain Leasing Arrangements of Property for the Funding of the Construction of the New Village Hall", and numbered as Ordinance No. ~ L ~~, passed by the Paresident and Board of Trustees of the Village of Plainfield, Will County, Illinois, on the 7 ~ day of June, 197G, and published once in The Enterprise being a secular newspaper circulated in the munici- pality. Tizis Lease may be terminated at a date sooner than the end of the terms aforestated only with the consent of the Lessee. It is further expressly understood and agreed that the Lessee shall not assign or sublet this Lease, nor any portion. thereof without first having ok~tained the written consent of the Lessor thereto, and no assignments so made whether by act of the Lessor or by operation of law, or by direction of any Court without such written consent shall be binding ar effective. The conditions of this paragraph shall be continuing conditions and the consent of the Lessor to any assignment shall not be taken as a waiver of the restrictions of this paragraph to any other or future assignment. Lessee has done all things required by Statute or Ordinance of it to do to enable it to enter .into this indenture. This Lease is executed pursuant to and in the exercise of the power and authority granted to and vested in said Trustee by the terms of the trust agreement above mentioned. r~ ~ . , -- 3 - R76--~~~~ IN WITNESS WHEREOF, the parties hereto have caused this Lease to be signed in their respective corporate names pursuant to authorization or ordinance, as the case may be, by their duly author- ized officers all as of the day and year first above stated. VILLAGE OF PLAINFII;LD President%- ~, C1er . ~' ~.~ .~, r~ .. 1 ~ r ~. t ~ "' ~' UNION NATIOTI.7~L I311i~k ~1i3D TRUST ~ .. COl`4PANY OF ,70LIET, as Trustee, ~~~ "~` under the terms of a Trust `. • 5 ., ti'? Agreement dated Jurc ?y , ~'~' 197f, and known as Trust X2262 ~, ITS L~~G~... :~.-C.~.r&'<'C.Gu-(~ ~er~ /1''. L~~~) .•. ., ~ ,. • r ~ :, ~ ~ - , ~ ~-.. I ' ~~ ~ .ji ° -°r ~ `.• ~i ' ~ 'Chic instro e • ,' },` m nt IS r,ertrted h~~ thr rr,fon r!^~;~nRi BGnf; anrt Tn.~st . ~ Jnlrnt nct ~~~ u~:a; 1 1 c ~ rc y as f ~ , ,,r•, ~~ p1 ~•, .+'^'" ~ a~nuir'.n to a nr c N, i ,~ `~~ tJiy crv~anants end (,cnrr~ riti~ of n, : r ~ ~ ~ i~ nk end Trust inar.rc;;zi;a ~~ ; r, ' :•~saic ?nd not ag2tnst The i:nidn i .~~~.•:, ~ r,~ ~ ~ ' -`~ Y' F.r;forceabie pf the crven~nis, st,;,;:rn;.rt,, r r .,~;,t , ..~ t ~ ;:~ ;°r'•ton of any instrument. ~ ~~ ~r.;~ ~ ~ contained in the STATE; OF ILLINOIS ) • S COUNTY OF WILL, ) G in and for the said County, I, ~ in the State afo es id, DO EREI3Y CERTIFY, that .CHARLES F. POTTORFF, Village President a d FIELEtI B. LEIDIG, Clark of the VIF.,LAGis OF PI,AIt7FIELD are personally known to me to be the same persons whose names axe subscribed to the foregoing instrument as such Village , President and Village Clerk, appeared before me this day in person and severally. acknowledged that they signed, sealed and delivered . the said instrument bf writing as their free and voluntary 'act, and as the free and voluntary act of the said VILLAGE OF PLAINFIELI] far the uses and purposes therein set forth, pursuant to authority given by the 13oazd of Trustees of said VILLAGE. OF pL7~INFIELD and caused the corporate seal of said VILLAGI.: OF PLAiNFIELD to be thereto attached. June Given under my hand and riy~'Ea:ri A.D., 1976. 1 li seal this 28th day of n ~ STATL OF ILLINOIS ) SS COUNTY OF ~•~ILL ) I, Judi..th M. Holmes , in and for the said County, in the State aforesaid, I70 IITaREBY CERTIFY, that Thomas A, Hickey Its Vice President anc). Joan Sanders Its Assistant Secretary pf the UNION NATIONAL BANK AND TRUST COTIPANY OF JOLIF~T, are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice President and Assis t ~ cre a , appeared before me this day in person anti severa~~y aceknocatled~ged that they signed, sealed and delivered the saa.d instrument of writing as their free and voluntary act, and as the free and voluntary act Qf the said UNION IJATIOt~]AL BAIdI: AND .TRUST COMPANY OF JOI~IET for the uses and purposes therein set forth, pursuant to authority given by the Board of .Directors of said UtdZON NATIONAL I3At1I: Ai1D TRUST COMPANY OF JOLIET and caused the corporate seal of saa.d U,,".~IOi1 tdATIOT4AL 13ArII; AND TRUST COr'IPAtdY OF JOLIET to be thereto attached. Given under my hand and notarial seal this _28th day of A.D, , 1976. _ ..... _ ', -. r TdOTARY PUBLIC ~ ".',`'-`''" .._- ;.., ~+' ~~ 1 t ~:: ~.. ~~ S'I'A`i~' Ol, TLLII•fOZS ) SS COU"TTY Off" tidILL } .J~ Il~~"'~` T, ~~ELE?I B. LLZi7IG, tae duly electeu., ~:.lualified an~~ acting Village Clerk o~ tlae Village of Plainl_a..elci, G~Iill County, Tllinais, do hereby certify that tlae auove and '~orec~oizzg is a true aaau. correct copy o~ a certain Lease groin tine Village:: as Lessor to tlae Union ...National Dank and 'T'rust Coral_~any of Joliet, as Trustee under the terms of a certain Trust Agre~.rrterzt elated June Zu, 1976, anu known as Trust #??62 as Lessee, wz.icla wars duly signed lay the Presiden-~ of the L~oard of Trustees and Village Cler'c of said Vil~.age can the 8th day o~ Juaze, 1970, anu. that t'ze carigizzal o:~ said Lease from said Village to the Trustee is now can file in my o~lwice. Zd (vITi~TESS 'rTFIEA Ef~F, Z leave l~.ereullto set ray laancl as Village Clerl> and attached the seal. o~ said Village this :?atlz day o~ June, A.D., 197x. ~~ _ Vi1lar~e Clerk ., Va.llage of Plainlr•a;e,la :w T~1i11 County, I11in~s ~ ~" `, . ~' ` '~ ' ti r . r ~ 1 R ~ 6.,~F~ 3»ti~~r '76 Jllli 3~l A~ 11~: 46 - LEAS); FROM '1RUSTIF TO VILLAGE ' o~ ~ ~q~~j((~~{ D}~~cD ~~1~L(\Cf~i~1 ~L THIS INDENTURE: OF LEASE made and exec~.ited as of the 2 ~ th day of June 197G, by and between Ui1I0N P7ATIONAL BAND: A2dD TRUST COMI?APdY, as trustee, under the terms of a Trust Agreement dated the _7.3t1i day of June .1976, and known as Trust tdo, 22 C,2 of Joliet, Illinois, party of the first part (hereinafter called the LESSOR) and the VILLAGE. OF PLAINFIELD, Will County, Illinois, a Municipal corporation, party of the second part (hereinafter called the LESSEE), witness these presents: That the Lessor for and in consideration of the covenants and agreements hereinafter set forth to be kept and performed by the Lessee has demised and leased to said Lessee, all those premises situated in the Village of Plainfield, County of Will and State of Illinois, known and described as follows: k~eginning at the intersection of the Southerly right of way line of Public Service Company as conveyed by Warranty Died dated September 14, 1916, and retarded September 12, 1926, as Document No, 399003 with the Easterly line of the Northeast Quarter of Section 9 in Township 36 North, Range 9 East of the third Principal Meridian, Will County, Illinois; thence South along the East line of said quarter section 500 feet to a point; thence West parallel. to the South line of the Northeast nuarter of Section 9 aforesaid,, a distance of 250 feet to a point; thence North 40 feet parallel to the ,Fast line of said quarter section to a point; thence ~°dest parallel to the South. line of said quarter section to the Easterly line of the land conveyed to Union E7ational Bank and Trust Company of Joliet, 111i-. nois, as Trustee, under Trust Agreement dated August 23, 1974, and known as Trust No. 1775 by Warranty Deed dated February 26, 1975, and recorded April 21, 1975, as Docu- ment No. R75-8944; thence North along the Easterly line of the land conveyed by said Document No. R75--3944 afore- said to the Southerly ric3ht of way line of Public Service Company as conveyed by Document No. 399003 aforesaid; thence *7ortheasterly along the Southerly right of way line of Public Service Company aforesaid to the point of beginning. TO HAVE AND TO HOLD tl~e same, with the building to be constructed thereon and appurtenances thereto, unto said Lessee 'for the term beginning the '3tli day of Jttrle , 1976, and ending the 27thday. of i~ay 1906, being a term of less than ten (~10) years. It is understood and agreed between the parties hereto that Lessor has leased the property herein. above described from the Lessee /'k ~~ ~ r-a ~ Td1f Instrument prepared Dy It~,~'iltgerald, Zol~ner, ~,-~i~' Attorneys .`EM~~rM ,1MMOlN Member of r ~ 9 ~~ ~ Assnc~~t~ar .-. ~. ~_ ~7s-~oo~s for the consideration of One Hundred Fifteen Thousand and No/100 ($115,000.00) Dollars, and that to. make the rental payment provided i.n said Lease, the UNION NATIONAL BANK AND TRUST COP4PANY OF JOLIET, Joliet, Illinois, a National Banking Association has loaned to Lessor the sum of One Hundred Fifteen Thousand and Na/100 ($115,000.00) Dol- lars. That to evidence said indebtedness, the. Lessor executed a Note in the principal amount of One Flundred Fifteen Thousand and No/100 ($115,000.00.) Dollars at an interest rate of five and three-quarters percentum (5-3/40) per annum. Under the terms of said Nate, the principal sum plus interest accrued on the unt~aid balance from time to time remaining is due on the ?7tli day of ilal , 1986. The Lessee, in consideration of .the leasing of the premises aforesaid, hereby covenants and agrees with the Lessor to pay to said Lessor as rent far said premises.. at the office of said Lessor or at the office of such agent as the Lessor may appoint for such purposes, rental in the total amount of One Hundred Fifteen Thousand and No/100 (5115,000.00) Dollars plus interest at the rate of five and' three-quarters percent (5-3/4~k) per annum on the balance remaining from time to time unpaid. Said sum shall be paid in annual. install- ments of Eleven Thousand Five ITundred and ado/1.00 ($11,500.00) Dollars plus interest accrued as aforesaid on the 1st day of ITav^mber, 1977, and nn. the 1st day of'lovcmhcr of each successive year provided that the total amount due under the terms hereof shall be paid on nr before the '.7t1z day of ^4ay 196. Lessee shall have the right to prepay the amount due hereunder without penalty. The Lessee further acknowledges that Lessor has directed that said payments to be made to the UNION NATIONAL BATdK AND TRUST COt~1PANY OF JOLIET as repayment under the terms of the Nnte described above and the Lessee guarantees Lessor that it will save Lessor harmless from any action that may be taken against Lessor (including attorneys` fees and other costs) by said UNION NATIONAL BANK ATdD TRUST COS~'IPAPIY OF JOLIET or its holder in due course on account of any default, or defaults, in the terms of said Note. - 3 - R~~-~D035 Lessee agrees that it will pay said sums from its General Corporate Fund. Payment of all monies. to be made under the terms hereof shall be made in legal tender money of the United States of America, and no acceptance by .the Lessor of any bank checks or other cdmmodity whatever in payment of any installment, or installments, of such rent shall be construed to be a waiver on the part of the said Lessor of the right to demand the payment of any other unpaid installment, or installments, of such rent or other monies becoming due in such 1ega1 tender money of the United States of America. The Lessee further agrees to pay or cause to be paid all taxes and assessments including water taxes, gas rates and special assessments that may be levied or assessed on said demised premises during the term of this Lease, and upon the failure of said Lessee to pay any such tax or assessment as, and when the same shall became due and payable, the Lessor may, but shall not be obligated so to do, pay and discharge the same on behalf of said Lessee and collect from the Lessors the amount to be paid when .the next installment of rent becomes due together with five and three-quarters percent (5-3/4~) interest thereon from the date o~ such payment until. repaid by the Lessee. It is further expressly understood and agreed as an express part of the consideration hereof, that the ,Lessee shall construct upon said premises a Village Hall, and that the Lessee shall purchase insur- ance of the fu11 insurable value of said premises against loss by fire, wind, storm or tornado. The amount of said insurance sha11 in no event be less than the total amount due from time to time under the terms of this Lease. The Lessee hereby agrees to carry at its own expense, com- plate liability insurance to an amount acceptable to the Lessor, re- leaving the Lessor from any liability to the public or the, employees of the Lessee from any hazard, risk or injury, either to the property of or to the person of any and all persons coming into, being upon or passing said premises. R~~-zap. r _ ., . -~_ Lessee hereby agrees that there will he carried complete builder's risk insurance in an amoun ing the Lessor from any liability to contractors or material men or their or injury either to the property of, described in this paragraph. .Lessee premium for such insurance coverage. t acceptable to the Lessor reliev- the public, to contractors, sub- employees ,,from any hazard, ,risk or to ther person of the persons shall see to the payment of the' The Lessee further agrees that there will be shown on each policy, the Lessor as an additional insured and agrees to maintain at the office of the Lessor certificates evidencing the insurance coverage required herein. The Lessee further agrees to keep and maintain said premises improvements and appurtenances in a clean and healthful condition and in all other respects to fully comply with all pertinent statutes and ordinances and requirements of public officers to preserve and main- tain said premises including all parts of the building to be constructed thereon and all fixtures and fittings appurtenant thereto in good working order and condition. The .Lessee further agrees that it will not use, or permit to be used, any part of the demised premises in any manner other than for a Municipal building, or for other municipal purposes. The Lessee further agrees that upon the termination of this Lease by expiration of the term hereinabove provided for or otherwise it will surrender said premises to the Lessor in the same: condition as when the same were entered upon by the Lessee, loss by fire or inevitable accident and ordinary wear accepted. It is understood by the parties hereto that the construction of the Village Hall con- templated to be built upon the premises herein demised shall be included within the terms of this paragraph. The Lessee further covenants and agrees in case of the destruction, loss or damage of, or to, the said building, or buildings, or improvements to be located upon said premises during the existence of this Lease, that the Lessee shall at its option either pay the ., - R7~..204. r total. amount then remaining due on the rent hereinabove set forth, oar due on the note hereinabove described, or rebuild and repair the same as the case may be within eighteen (l8) months after such des- truction loss or damage, exclusive of time lost because of riots, strikes, labor troubles or other causes beyond the control of the said Lessee and as much sooner as it reasonably can and pay therefore as hereinafter provided so that the demised premises and all buildings and improvements situated thereon shall be free and clear of any and all mechanic's and other liens and the Lessee further covenants and agrees that it will at all times during the team of this Lease, keep and maintain upon the demised premises a building, or buildings, and improvements substantially of the value of and similar in design to the building to be soon constructed thereon. The cost .and expense of such rebuilding, or repairing, shall be paid to the Lessee out of insurance proceeds upon proper architects' certificates in such sum, or sums, as may be necessary to pay far re- building, repairing or restoring such buildings or improvements so injured or destroyed, and the buildings so repaired or restored or the new bua,lding, or buildings, so constructed shall be as valuable as the building, or buildings, sa injured or destroyed, and of the same general character and construction, unless otherwise agreed to by the parties hereto. Upon the termination of the Lease prior to the expiration. of t}ze term herein demised under any of the provisions herein con-- twined or upon the vacation or abandonment of said premises by Lessee, or by action of law or direction of any Court, the Lessor shall immediately become entitled to and sha11 receive from the Lessee as liquidated damages for such termination in amount equal to the entire amount of rent by this Lease provided and the amount due under the terms of the Note hereinabove described to be paid aid at that time remaining unpaid, It is further expressly understood and agreed t}tat Lessee. will protect, defend and save harmless Lessor from any and all mech- anic's liens that may arise from the construction of the Village I}all contemplated to be built upon the premises. ,~ --~- R76-~vo3 It is further expressly understood and agreed that Lessee shall make no payment to any contractors, subcontractors or material men or any other fee or .expense or cost arising from the construction of said Village Fall contemplated to be constructed on the premises unless and until it receives proper mechanic's lien waivers or lawful other releases of interest of those persons receiving payment. Lessen shall supply to Lessor upon demand therefor by Lessor or the UNION NATIONAL BANK AND TRUST COMPANY OF JOLIET, evidence that .Lessee is strictly complying with the terms of the two (2) paragraphs next preceeding this. Such demand, or demands, may be made at any reasonable time. It is further expressly understood and agreed. that Lessee shall not assa.gn or sublet this Lease or any portion thereof except to other governmental units without first having obtained the written. consent of the Lessor thereto and no assignment so made whether by act of the Lessor or by operation of law without such written consent shall be binding or effective. The conditions of this paragraph shall be continuing conditions and the consent of the Lessor to any assign- ment shall not be taken as a waiver of the restrictions of this para- graph to any other or future assignment. This Lease is executed by UNION NATIONAL BANY. APdD TRUST COMPANY OF' JOLIBT, not personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it a~ such Trustee, and .under the express direction of the beneficiaries of a certain Trust Agreement dated June7..3, 197 , No. 2262 at UNION NATIONAL BANK AND TRUST C0~IPANY OF JOLIFT, to all provisions of which Trust Agreement this lease is expressly made subject. It is expressly understood and agreed that nothing herein shall be construed as creating and liability whatsoever against said Trustee personally, and in particular without limiting the generality of the foregoing, there shall be no personal liability to pay any inde}atedness accruing hereunder or to perform any covenant, either express or implied, herein R N a .. r ~ contained, or to keep, pxeserve or sequester any property of said Trust, and. that all personal Liability of said Trustee of every sort, if any, is hereby exriressly waived by said Lessee, and by every person nova or hereafter claiming any right or security 1ereunder; anc3 that so far as the said Trustee is concerned the owner of any indehtedn•ess or liability accruing hereunder shat.]. 1oo)c solely to the premises hereby ].eased far .the payment thereof. It is further understood and agreed tl~.at the said Trustee ,merely holds naY.ed legal title to the property herein described and leas no control over, and under this lease, assumes no responsibility for, (l) the management ar control of such property, (2) the upkeep, inspection, maintenance or repair of such property, (3) the collection of rents or the rental of such property, ar (4) the conduct of any business which is carried on upon such premise Lessee has done all things required by Statute or Ordinance of it to do to enable it to enter into this indenture. This Lease is executed pursuant to and in the exercise of the pocaer and authority granted to and vested in said trustee by the terms of the trust agreement above mentioned. TN j~IITNFSS C~IIIF~REOF, the parties hereto have caused this Lease to be signed in their. respective corporate names pursuant to authorization or ordinance, as the case may be, by their duly authorized officers all as of the day and year first above stated. VILLAGE OF PLAIPdI'I]~LD _~ (J~ ~,~ ~ Preside ~. .. .- C.1erk ,'./~'1p~. .. ~ ~'- UNION NATIOt~1AL B11T1i< 11tdU TRUST C01~1PAP1Y '~r'*`, `~• n~~ ,1... OF JOLIET, as. Trustee, under t}1e terms of . ,. ; ; r • _- a Trust 1greement dated JUZ1o ` .; 197 E and known as Trust '~?_?_E2 ~: .R n:`,~ / ~ ~ . ~.,,.,~ ~ - . ~ ~, _ ~ ~ Its ~%~ L~ (.. ~ -•~LL~i. ~~,!~ T c ~ ~ y~ • d -S~ -~ ~"' ATTEST .rte :'-_ !,~. t~ .(a~-."z z ~, -'`!, Its ~:~i .i ,.-~ t.c.Fs~%; ~.Y ,~ ` .~ / .. ~ ~'_ 'i ~ ~ .. .g ., ' STATE OF ILLIIdOIS ) SS COUNTY OF WILL ) I, ~ in and for the said County, in the State a ore~aid - DO IiFREBY C>rRTIFY, that CIiARI~>JS I' . POTTORI'F, Village prPSident and kIFLrid B. LFIDIG, Clerk of the VIt,I,11GE OI' pLAINFII:LD are personally known to me to be t11e same persons ~vhase names are subscribed to the foregoing instrument as such Village >='resident and Village Clerk, appeared before. me this day in person . and severally aclcnowledgr~d that they signed., sealed and delivered the said instrument of writing as t}leir free and voluntary act, and as the free and voluntary act of the said VILLl1Gi? OF PLIIXIIFIEI~D fox the uses and purposes therein set forth, pursuant to authority given by the. Board of Trustees of said VILLIIGF OI? PIa11I~11"IrLD and caused the corporate seal of ,said VILLAGE OI" pLAIt`IFII;IaD to be thereto attached. 28t day of Given under my hand and not ial cal th:a June _, A.D., 11175. ,1~ ~ . .` ., .. . r` ~ - OTA PU LIC -.. _ r - -, - ':.~, - - STATE OF ILLXIJ~IS ) S5 COUNTY O}" WILL ) I , Judith M. Holmes in azld. for Thomas A.C Hickey in the State aforesaid. 170 HER1;13Y CERTIFY, th~nd y zts V~.ee President Jan 5,~,.~~ zts Assistant SECretary of the U~1IC~i*I rt7~ ~1~~ I'A'~~ AND. TRUST COTIPAI~'X OF JOLIrT, are persanall.y known to mc~ to he the s~?r-e persons ~ahose names are subscribed to the foregoing aP~trument as such Vice President and Assistant Secretar~yy eared before me this. day in person and severally acknowl~clgr~cl t1~at they signed, sealed and delivered the said instrument of writing as their free aztcl voluntary act, ancZ as the free and voluntary act of the said iTIJIO~I i1ATI0:~1AL BAI`IK Ar•ID TRUST COT~SPAIIY 01" JOLIIrT for the uses and purposes therein set forth, pursuant to autlzority given by the 13aarc]. of Directors of said UNIOId IIATIONAL BAII1: AT~I17 TP.UST COP9PAIIY OF JOI~II:T and caused the corporate coal of said CIIIIOTI IIATIOI7AL FLANK AI~17 TRUST COP4PANY OF JOLIET to be thereto attached. Given under my hand and notal=iai seal this ~ ~~t~ daY of June A.D. , J.37G. ~,, IvoTARX PUBLIC .,~, ~~_ {.I-. ~~~ ,~ ,~ ~. ,CJ ,~, .. M n • w ~ ' 1 « , __ _ __ .. .. ~~~~ • . q _ ST~.TL OI' ILLT~IOIS ) SS COUNTY OF ~•JILL ) I, 1lI~LL1 13. LLII]IG, the c.7.uly elected, ~clualifi°cl anti actinrl Village Clerk of the Village of Plainfa.eld, ~•lill Couniny, Illinois, cl.o hereby ccrtif}r that the above and foregoing is a true aric', correct copy of a certain Lease from Union Pdational l.3ank and 'T'rust Ca~npany of Joliet, as Trustee undc~:r the terms of a certain '?'x'ustw 1lgrec~rtc~nt dated Juzie 2~3, 1!~7~, and }:.Wotan as Trust '-~2G2, as r.~c'ssor to the Village as Lessee, which was duly signed lay the presicle.zt of= the Foard of .Trustees aztci Vi1.laye Cl~wrk of said Village on the 2~3th day of June, 197, and that the origizial of said Lease from said Trustee to the village is now on file. in my of.f.ice. I'd ~VITNYBS W1iLREOF, I have hereunto set my hand <-ts Village Clerk arz~.l attached rile seal O.f said Vil~acrc~ this ?Utlt clay of •7uzte, A.D., 197G. V.l_1_acze Clerk 'T.~ ~. Vil.l.are of Plai~tf.ield Will ~'ount;r, Illinois iw " .... ~ -, . ~,. 1 l~1 I-1y L~ r~~1!I-~ 1 t ~ (~ } ~L~.1r t p .~ .t.r } rGi~1,~rJ ~.Vb•1~i~4 tii~~•~~1~~4~~~~__,.,loll"UIIH,..2,h~.C1.......day af.....J:~l~~ ................. r • f is76'and knuwn as Trust Number,. ~~~~• -. 1s tc; certify that UNION NATIONAL BANK AND TRUST' CODIYANX OF JOLII:;T, a national banking association, of Jolirt, Illinois, as trustee hereunder, is about to take title to OGKTc~~iii~~•1~K]i~t3~~"~f~xXXx,~:..KxXxxX3~x.XKx}S:.~bliat~}tl~t7iat~'r~'~+,i~Ki a Lease-hold interest in t}~e following described real estate iri . Will County, T~1linois, to-wi.t: l~cyinnin~~ at the intersection at the Sc?uthel-ly rigllr o£ way line of Pu}alic Service Company as ccrllyeyed by Cvarranty Deed dated September l4, 1916, and rECOrdE'd September 17., 19?G, as Document Na. 399003 with the Easterly 1a ~~e of the >`]ortheast Quarter of Sectioli 9 in Township 3G Pdortll, `Range 9 East of the th~.rd Principal. T`4ericlian, Cail1 County, zlli-eels; ,thence. South alon~t the EGa.st line of said quarter section 500 fee:!- to a paint; thence ldest parallel to the South line of the Northeast Quarter of Section 9 aforesaid, a distance of. 250 feet to a point; thence ~dortli ~0 feet parallel to the Mast line of said quarter section to a paint; thence S~lest parallel to the South line of said. quarter section to the Easterly liLle of the lrtnd conveyed to Union National Ban}: and Trust Company of Joliet, Illinoa.s, as Trustee, under Trust Ac~rYerneniy elated l~ugust 23, 1974, and known as Trtalst Pia. 1.775 }~y F~'arranty Det~c1 dated. , l,ebruarv 7.6, 1975, and rccordc~cZ April 21, 1975, as Document ilo. R75-8944; tiier);ce North along the Easterly line of the land conveyed by said Docurllent T`io. 1175-3944 aforesaid to the Southerly right of way. line of Public Service Company as conveyed 1~y Document i?o. 399003 aforesaid; thence Northeasterly alanc~ the Southerly ric3ht of way line of Public Service Company aforesaid to the point of beginning. IT I5 UND);RSTgOD ANL1 AGREF1r) between the parties hereto, and by any person nr persona who may become entitled to any interest under this trust: (A) That the interest of any bnnv[iclary herqutulcr shall con:{ist sold}' of a iio;ver of dlrect,lon to deal with the title to said property arad to tttanago anti control said prolerty as hr•rein~tftvr provided, and the right to receive the proceeds from rentals and from mortr,Fcf;r~s, sales or ath~~r dlr,positlon of sold premises, and that such right in the avails of salcl property shs~ll bb deemed to be personal l~r~.~i~erty, Find may b© aslgned and trass• ferred as such; that in r.aso of the death nT oily heneficlary hereunder during the existence of this toast, his or , her rJght and interest hereunder shall, except as herein othvrwlwv specltlcally pro~•ided, pass t.o h1s or her assentor or administrator, and not to h1s or her heirs at Jaw; and that no beneficiary now has, and that no beneficiary hereunder at any time shall have s.ny right, title or interest in or to any portion of said real estate as such, either legal or equitable, but only an interest in the earnings, avnlls and proceeds as aforesaid, The death of any beneficiary hereunder shall not terminate the trust nor in any utaFtner affect the powers of the trustee hereunder. No assignment of any benr..flcial Interest hervundi~r shall bP binding on the trustee until the original or a dupll- cate at the assignment is lodged with the trustee, and ot'ery assignment of any beneflc:fai interest hereunder, the original or dupl1cate of which shall not have been lodged with the trustee, shall by void as to all subsequent assignees or purchasers w lthont nat.lr.e. (L]) Nrithing contained In this agreement shall be construed as imposing any abl(gation on the trustee to file any income, profit or other tax reports ar schedules, It being expressly hurler: fond that the benrrflciarles Prom time to time will individually make all such reports, and pay any and all ta,~cs required with respect to th'e earnings. avails and proceeds of sold real estate, or growing out of their interest ender thin trust agreement. (C) In cos©, sold trustee shall make a.ny advanros of money on a~:coutat of tfals trust or shall be made a party to any litigation on arconnt of balding title to said real estate nr in coatnectlan with tiffs trust, or in cane said trustee shall bs compelled to f>ay any. sum of money on account of t.bis trust, w'ltrther on account of breach of contract, inlury to person or property, fines or penalties udder any law or otherwise, the beneflcitu'lea here• under do hereby )ointly and severally agree that they will on demand pay to the said trustee, with interest thereon at the rate of 7~Jo per annum, all such disbursements or advances or payments made by sold trustee, together wlt.h 1te expenses, including reasonable attorney's fees, and that the Bald trustee shall not be called upon to convey or otherwise deal with said property nt any time held hereunder until all of said disbursements, payments, advances and vapenaes made or Incurred by said trustee shall have been fully' pa1d, together with interest thereon as aforesaid. however, nothing hernia contained shall be construed as requiring the trustee to advance or pay out any money on acrpunt of this trust or to prosecute or defend any legal proceeding involving this trust or any properly or interest thereunder unless it shall be fut-nished with Punds sutllcient therefor or be satisfactorily indemnified In respect thereto. In case of non-payment of any of said disbursements, advances, or other payments, or upon non-payruent of any fees, charges attd compensation of the trustee referred to in paragraph (J) hereof, the trttatee shall have a first lien therefor on the property held In trust herein, and if Bald amount ie not paid within 6D days after demand, the tnistee is hereby authorised and dirert:ed, without further notice or advertisement, to sell from time to time at public or private sale and to transfer and convey sufficient of said property to pay such die- bureement0, advances and payments and such fees, charges. and compensation, and after deducting all expenses 1n connection with such sale, including reasonable compensation for itself Arid its attorneys, to pay the balance thereof to the beneficiary or beneficiaries hereunder in proportion to their respective interests hereunder. (D) It shall oat be the duty of the purchaser of said premises or of tiny part thereof to see to the appli- catJon of the. purchase money paid therefor; nor shall any one who may deal with the trustee be required or privileged to inquire into the necessity or expediency at any act of said trustee, or of provisJons of this Insttvment. O;) Thia trust agreement shall not be placed on record in t.ho Recorder's Office of the county in which the land ie situated, or elsewhere, and the recording of the same shall not be considered as notice of the rights of sans person hereunder, derogatory to the title or paware of the trustee. (k') It is understood and agreed by the parties hereto and by any person who may hereafter became a bene- ficiary hereunder, that said UNION NATIONAL, BANK AND TRUST' COlY1PANX OF JOLILT, Illinois will dral with said real estate only when authorized to clo so in writing, and that it will makr deeds for or rnortgnges or trust deeds (including the waiver of the ri(;ht of redemption from sale under an order or decree of foreclosure), or other- wise deal with the title to said real estate on the written direction of such person or persons as may be the bene- ficiary ar beneficiaries at the time, ar (notwithstanding any change in the beneficiary or beneficiaries hereunder) on written directional the President of file F3aard of. Trustees and Village Clerk~or whomever may be lawfully authorized to act in their stead tai the Village of Plainfield as authorized by the President and .Board of Trustees of the Village of Plainfield, Will County, Illinaa.s. or such other person ar persona as shall be from time to time named lu writing by the benvflclary or beno6ciaries; (over) w ~._.. provided that, it any person now or hereafter expressly named as the person (or as one of the persona) having such power of written direction shall ba a beneficiary hereunder and shall assign his beneficial interest herein, then no written direction of any such person glvep subsequent to tho filing of such assignment with the trustee shall be rec- ognized without tho consent thereto of his acsslgraee; provided, further, that the trustee shall not be obliged to inquire into the propriety of arty such written direction; and provided, fm•[her, that the trustee shall not be required to deal with the title so long as any money is due to it hereunder, or to enter Into any personal obligation or ]fabfllty in dealing with said land or to make itself liable for any damages, costs, expenses, fines or penalties. ((}) The beneficiary or beneficiaries hereunder in hfs, her or their own right shall have the management o[ 8atd property and control of the selling, rooting and handling thereof .and the keeping, performing and enforcing of all leases and agreements and covenants running with the land, and each benaflefary or his or her agent ahall• collect and handle his or her share at the rents, earnings, avails and proceeds thereof, and the trustee shall have. no duty in respect to such management or control, or rho handling or application of such rents, earnings, avails or' proceeds or In respect to the keeping, per~nrming or enforcing of any leases, agreernents;.or covenants running with the land, or to respect io the payment of taxes or asaesstnents or 1n respect to insuranco, litigation or otherwise, except. on wrilten ctYrectlon as hereinabove provided, and after rho payment to it of all money necessary to carry out said instructions, No beneficiary hereunder shall have anY authority to contract for or in the name of the trustee or to bled the trustee personally, if any property remains in the trust twenty years from this date it shall be sold at public sale by the trustee on reasonable notice, and the proceeds of the sale shall be divided amoug those who are entitled thereto under this trust agreement. (I;) The trustee rosy at any time resign by sending by registered mall a notice of its intention eo to do to each of the then beneflclarles hereunder at his or her address last known to ,the trustee. Such resignation shall become effective ten days after the milling of such notico by the trustee. Iu the event df such resignatiou a successor or successors may be appointed by the person or persons then entitled to direct the trustee in the disposition of the trust property, and the trustee shall thereupon convey the trust property to such successor or successors in trust. In the event that no successor in trust Is named as above provided within ten days aftor the mailing of such nonce by the trustee, then the trustee may convey the trust property to the beneflciat•les in accordance with their respec- tive interests hereunder and the beneficiaries for themselves, their legal representatives, executors, administrators and assigns agree that the trustee at its option may deliver deed evidencing such conveyance to the Recorder of heeds (or Registrar of Titles) in the county or counties. in which the real estate is situated for recording and such conveyance shall thereupon. be effective and complete, or the trustee may, at !ts option, die a bill for appropriate relief 1n any court of competent jurisdiction. The rights, remedies and liens of the trustee provided for 1n paragrap4 (C) hereof shall continue nohvlthstanding the resignation or removal of the trustee or conveyance of any of the trust property. (I) Every successor trustee or trustees appointed hereunder shall become fully vested with all the .estate, prop- erties, rights, powers, trusts, duties and obligations of its, his or their predecessor. lJ) UNION NA'i'IONAI~ BANK AND TRUST COM~P~A~,l~ OF' JOI.IET shall rece~y~~p~ its services in aceept- title after the ..................:........ g y of.................................m of $...........................; also the sum of $.. .......................... per year for holding tog this trust and in takin title hereunder the su 19...... so long as any property. remains in this da .. . trust; also rts rel;ular schedule fees for making deeds ......... ....... ..... ... ............. ...................._ and it shall receive rcasonahlc cumpensatinn for any special services which may be rendered by it hereunder, or For taking and holding uny other property which may hereafter be deeded to it hereunder, which fees, charges or other cvrnpensation, the beneficiaries hereunder jointly and severally agree to pay. In the event the value of the property held hereunder is increased by reason of improvements made thereon after the trustee has accepted title thereto, the trustee shall be entitled to a reasonable additional fee fur holding title thereto for each year after the year in which such improvement is made. I.N TESTIMONY WllE12I;OF', the UNION NATIONAL, BANK AND TRUST' COMPANY 01: JOLIE'I", Illinois has caused these presents to be signed by its Vice-President, and attested by its Assistant Secretary, or Assistant Cashier, and has caused its corporate seal to be hereto attached as and for the act and deed of said bank, the day and date above written. UNION N ONAL $ANK AND TRU T COMPANY OF OLT~ A ~,. •,~ ..... ........... Vice President ............_............. f~..~ i / ~' - ~ /~,,'~. Assistant Secretary or-~a3rt--Easlrter A'And on said day the said henelirtirles have signed this peclaration of Trust and Trust. Agreement 1n order to SYgnify their assent to the terms hereof. PRE;S In~NT AT~D B011RD OF' .. . (SEAL) Address . ... . ....................................... TRUSTL;ES OF T13F'••V~L,LAGr O1"' Address .................................. ......... P~,7~Ir7t'Y~LD ~..ti4T'LT~-'Ct~t1r7~Y;- • z~~~zS ~ .:. -~. .....-. ....-..(SEAL) Address ....................... ..................... ~.~.~`~cfrl~/•,®..:T...~~' ~.~Z•~• ..........(SEA[) Address ............................................ --pRESID~i~T OF TF O~RD OI' TRi1STD~S - .(SF;AI,) Address . .......................... ............ . (SEAL) Address ............................................ ~~~~.~.`~'.~b~`.--~~'~':`.~:.~~-•; "...~' ~".`-SEAL) Address ............................................ - VTLLAGr CLE~F~ ~!(~EALI Address ............................................ . .. .. .. .. ... .:1•.. ....... ................ .. ........-........(SEAL) Address............................................ ... .....................................(SEAL) Address.-.......................................... May.the name of any beneficiary be disclosed to the publlc7.. Y~~ ............................................. Douglas P. llutcilison To whom shalllnqulrtea be referred?.. .... ................. ... ....................... ............... H w [i. O 0 H ~4 ` ,.~-1 t.,,J U p~ -w '~-,i C] G Y.. -! ~ ~ C G HARL$5 J..NxcKEOwx " FAIIL O. MCKI:OWN aIOSBPH C. FITZOERALD MA7C $. ZOLLNER RICHARD] T. FSvcx CiEOROE E. SANOhIE15TE lI Hq'L10LAS P. HJJTCY3ISON QAVID Z.. RIITTLE Tlignlws G. NOLAN TIAEODORE J. JARz Opi7gLAS J. MCI{EOWN S'1'EWAR'1' G. HiT'A'CtIISON, OF GOZINSEL MC$EOwx, FxTZ4E~ALD, ZOLLNI:$r $UCH, SAN(~MEISTE$ Se $T7TGIIISON SS°u IACEPORT STREET PLA,INFIIT.LD~ Ix.LIxols 60fSfI4 TELEPHONE 436-4GG0 AEEA 8I6 July 1, 1976 Mrs. Helen Leidig, Clerk Village of Plainfield Village Hall Plainfield, Illinois 60544 JOLIET OF'F'ICE 31P RIALTO SQUARE HLDq• ~]pLIET~YLL. 804'31 TELEPHONE 753-934°S AREA 8I6 FAANAI^OATi TLl.. OFFTCE E6 K.ANSA$`n.~'T. 604Qfl TELEYtLONE 4G9 - 2176 AREA GQDE 31~ Re: Financing of the New Va.llage Hall Dear Helen: T forward herewith the following executed documents for your permanent record: 1. Financing Statement (Form UCC~-1) dated June 28, 1976 2. Note dated June 29, 1976 3. Trust Agreement dated June 2$, 1976, Trust Pdo. 2262 4. Lease from Village to Trustee dated June 28, 1976 5, Lease from Trustee to Village dated June 28, 1976 6. Lessor's Assignment dated June 28, 1976 Please forward to me the Certificate of Publication. Very truly yours, C~GL~S P.~ HUTCHISQN C./~";""`' DPH:gs Enclosures a a Rai B 4ltr 1t;.;r_.tixl31i3 ' UNIFORM COMMERCIAL CADS-FINANCtN6 ~T~TEMF.~iT--PiDRM UCC~I 1I~9iKQGTldiNSt . I. I~.EAB~~?YF'E tlds form.. Fold oalX along perforation for ma[Itny. . ~ - ttsmove fiecured partx sand Driltor copes and send oihet 3 copies with intarlerrved carbon paper k+ the liltn~ officer. F.aclora 61inq tae. 3. '~Whan tiling is to bs wig moe+s than one office, Form [iCC-2 may he yaced over this ae! to avdd double lyplnq. ~. tt the space ptavidad Ear my Item(s) os the Farm is inadequatai the. hem(s) should be canKpuad ar- addtt[anal shaetr, praterably S",x 8" or 8" x lt1". Onl7 one copy of such addiKanal sheets need be presented to. to the tiling officer with a set of three copies of the $aanctng statement. Long schedules of collateral, ladantutw, sic., may bs an. soy size paper thpt is convenient tar the Secured Party. S. It collateral ~ or goods which are oc ore ~ become Kicturer, describe gsneratly the real ~staM sad airs Warne nt record owner. 6. Whas a copy oI the security apresmanl Is used as a Knanci~ statement, 11 is requested that it be acaamparded by a campleled but umlgaed Mt of these !arms, wiqurut eattra tea. 7. At Kts Krae ai arral 81ing, Eilir~g officer should return third copy ae am acknowledgment. At a later t1ma, Sactued Party may date mid elfin tarminatlan • ' legond sad uss copy ®a TerminaMon Statmeant. 't'hLt Fllll{ifGIIR<i STA!!1! Is presented to a ~ mass !er Klieg pwnaaet !o Au i7si(sam Csmassrdal Cede. S Natwrtly dale (Et asy)t - ls6lar(s) ilmt Natse tAnl) snit nditan(ss) 2, srew.a rvyr(1~ and rrtlrwratas) FMgts t7Hlcer (!ka1r. Ilt~ge, lhretbsr, ass ~! AtAa' tinian I~Tat' 1 Bank & Trust Co ,of Joliet under terms of TA ~ Plainfield Tdat'~. Bank i ~~itd G--28--76 & known as Tr Loclcport Street ~f'2262 Plainfield, Ill. i0 tip. Jefferson, Joliet, Il ~ '11ttr Etgandnq ytatamaabt co..re th. tdbpisg types car IMms) nt ptope+ty: - .~ssignment of Lease dated 6-28-7G, includinc~ a].l right, --~sessor, runni.z~g from Union Nat'l Bank and Trust Co. of under terms of a certain Trust Agreerilent dated 6--2~i--7G A.aigeaa ~ ~„~ ,, ~ ~Z2G2 as Lessor to the Village of County, Illinois, as Lessee, (:heok ®fl cromrd: ^ Pra4wds d Collateral ass also,eoverad ^ Product of C.atlalatal are afro cowed title and interest o Joliet as Trustee-~---~ and knawn as Trust Plainfield, t~'i].l Nn. vt additional shMts presented: E71sd wtKt: Un on Ida an ~ & run o, o o ~,e as G- By ~ Signature(s) of Arlator(s) ~, ~ ~~ By ~ Signatura(a) of l3acured Party(iar) FiliraN Clfficatt Copy-Alpllaba~iaail Tuts torsi e/ Jiwsattirg rtarea~s+rt is syrrwd h rlir Srerrtary e/ Sfatr. I ST1it11)AA>> FQ~t#1-- UNIFDiIi[ f~11MEitCUiL COD>; -~- Fl7R1i IJCGI vso K Cauc s Co CMrcwao A» E G A L d l.. A N K S ~~^ 11x,040.00 - _ Plainfiel~l,~l~~ fllinois, June 29, 1g 7G - _ after date, the ..~ ' a~~a undersigned, (jointly and severally, if more than one) promise to pay to the order of NATIONAL BANK ,the surn of 0?d'E HU*_dDRDD I'IFTr1;N T1i0USAtd^ 1~tdD id0 100--~-_.~___...___._~...____r,..._.. ~~ with interest at the rate of ~ - ~ 4 per cent per annum from date to maturity, and eight per cent there- after until paid. The undersigned hereby Jointly anti severally Irrevocably authorize and empower ray attoroey of any Court of Record Yo appear' for them. or either of them. In suchh court it this note Is not paid when due by any stated or accelerated maturity sad confess a jud6mept without process a>~ainat them or any vpe yr morn o[ them in Paver oP the legal hgider of th]s note, Par ouch sum as mqy appatr tv be tw- paid and owing t ereoa, together with inlcrcst. awls sad 15 per cant attorney's fees. and to waive sad release all eerors which may luter- vene ip such proceedlnq, anti consent to lmmedirte executloa upon ruch lodgment, hereby rati[~Ing and confirming all that said attorney way do by virtue hereof. Ta secure the prpment of this note and of. any rttd all other liabllitiea direct ar Indirect of the undersigned (or nay of .them !f mare than one) to the balder hereof, due or to bccvm doe. whether now exiatln8 ar hereafter' caattacted ar arfsing, howsoever acgph et~ by tpid bnider (this Hate and alt such other ilahlliges hereinafter called °Obligations"). the nndarslgmed has transferred, pledged ~ dellvar- ed to said Bank, the fnllowing collateral. to-wit: A~.1 right, title and interest in and t:o a certain ].ease. dated June 2t1, 1976 , •rurlning from UidZO~:i ~dATIONAL BA?dl: ArdD TRUST COt1P112dY Ol? JOLIIT as Trustee' 'under the terwls of a certain trust agrejement dated G/23/7G and' known as Trust ~22G2 as Lessor to the VzLLAO or PLA.IL~PTELD, l~1ILL COUiITY, ILLI170IS, as ~' essde~ 'I'ris ttr crs geed further agrees from time to lima to pledge and deliver to the holder 6ereaf addltionrl collateral should the aggregate market value of any railateral. pledged hertuader at any lima decline or should any such collateral tail to caaform to legal regpirtments, or should the holder deem Itself Insecure. At the option of the bolder hereof, ell unpaid amounts represented by all Obllgatlotts shall become immediately due and psyabte not- withstanding my other expressed matur]tIes [n any thereof, without demand or notice, uppoon the occurrence of any of the follewing events: Ia1 [allure of the uodcrsigned with or without demand or notice to plcdi[e and deilvtr additional collateral should the market value of arty collateral decline ar the holder deem. itself Insecure; (b) the death, laaoliveneY (ltnwever expressed or Indleated) or battkruptcy of the un- dcrsltmed or of any of them; (c) any sale of nssets, assignments or recdverahip af. whether a or ant of court, or env praceediags in bank- ruptcy- or far the relief of drbtors or xeadlustmeut of debts [fled by or agatust, any of the undersigned; ar (d) any fr(lure to pay yr perform when due an of the Obligations other than this note. Lpna the occurrence of any of such events, or open tfie stated maturity of this Hate, and at any time and from time to time thereafter, any holder hnrroT may thereupon or at nay time or times thereafter sail the said collateral or any part nr parts thereat and any substitutes therefor and aay add~tlana thereto, at env rokers~ Board, or al public or private sales, without notice, advcrtiaement or demand of any kind and may apply the net proceeds, after deducting all costa and expenses far cellectlan, sale and delivers-, to the payment aC any one er more or all oC such Obligations, returning the residue, if any an demand therePor• aad at any Brokers' Board, recognised market or public sale the holder hereof may Purchase any of said coUaterai, and, is addition shall alas have all of the rights and remedies of a secured party under the Uni[orm Commercial Code. Untesa the cvitataral la pcriahable ar threatens to de- cline speedily in value or is of a type customarily sold nn a recognized market or Broker's board, the holder will give the upclersigued reason- ' able notice oP the time and place of any public sale thereof nr of the Tlme after which. any private salg or other intended .dfspaaition Is to be made. The requirement of reasonable nvtlre shat) be met iP such nntlee la mailed, postage repaid to the nnderslgned at the addrns given below ar ]P Wane to any address In the holder's files at least five days bcfare the time of :ale or other disposition. Betore or after maturitx. the holder hereof, without notice. may at Its option, transfer or register the. collateral or nay part or parts thereof, Into Its or tts nominee r name, with or µlthaut indication of pledge. ' 11ay Indebtedness owing from the holder hereof to the undersigned. +nd nay deposits or assets of aay kind of the tiaderaigned In rtes possession of the holder for nay purpose, may rt any and tl1 times be treated by any such balder as Pp rr sccuritY [or thr payment of thin note rod the holder at any stated mrtprlty or maturity accelcratrd as aforesaid may appropriate and apply such indebtedness gad other deposits and assets an tbta Hole. The holder shall not be reapnnsible for the validity er enforceahilit~r nC the.collaterel rod the undersigned will Tnke any sad al! steps neresssry to preserve any. rights tat the property against prlar pnrtiea and t e holder shall Hat be hound to do ~-; end every maker,. Indorser and iNarantor of this note, lointiy and severally, waives presentment, demand. notice, protest, and aatlee of protest and hereby coasentp to nay extensions and to the release with dr wltbopt constderadan aC any party' hx any wry liable bereop ar any guarantor hereof ar o[ ally eol- ]ateral securing the same. In the event of default herein the undersltttted will pay a]1 mats of co]leation and atteeaeys' fees paid or incurred In enfotaing thin note ar Ia connection wfW the aallateral promptly oa demand of nay balder or other perean tueurring Ute same. _ UNION I~lATIOYd~L BAPdK l~~'!P TRUaT COf1PAidY /address Addrtss OI' JOLIrT, as trustee under the_terms of a certain trust agreernent dated ,-lun [~ 7 f~ r L9 7 h ~I]~S,~n QjnCll , c'i S. ~'rllS~_,._... X2262 Address Address I3Y ~• -, Address ATTFST : ~ ~. ~~~'