• Thompson Coburn LLP, Attorneys...

Thompson Coburn LLP, Attorneys for Plaintiff, 55 East Monroe Street, 37th Floor Chicago, Illinois 60603. STATE OF ILLINOIS, COUNTY OF DUPAGE-- In the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Pangea Mortgage Capital, LLC, an Illinois limited liability company, Plaintiff v. Elmhurst Investors, LLC, an Illinois limited liability company; Constantin J. Kari; RS Lending, Inc., a Delaware corporation; Unknown Owners and Non-Record Claimants. Case No. 2019 CH 143. The requisite affidavit for publication having been filed, notice is hereby given you, UNKNOWN OWNERS and NON-RECORD CLAIMANTS, defendants in the above entitled suit, that the said suit has been commenced in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, by the said plaintiff against you and other defendants, praying for the foreclosure of certain Mortgages conveying the premises described as follows, to-wit: LEGAL DESCRIPTION Parcel 1: The South 350.00 feet of the following property: That part of the West½of the Southeast ¼ of Section 34, Township 40 North, Range 11, East of the Third Principal Meridian, described by commencing at the South Quarter corner of said Section: thence East on the section line, a distance of 1098.66 feet to the East line, extended South of State Route No. 83 (formerly No. 54); thence North on said East line extended, a distance of 51.5 feet to the North line of State Route No. 64, as dedicated by document 254516 for a point of beginning; thence North on the East line of said Route No. 83, a distance of 276.5 feet; thence Northerly on the curved East line of said Route No. 83, with a radius of 8285.6 feet and convex to the East 458.1 feet to the South line of Lot 68 in Graue's Woods Subdivision No. 2; thence East on said South line of Lot 68, a distance of 164.15 feet to an old lime stone in the Northwest corner of the Subdivision known as Northwoods; thence South on the West line of said Northwoods, a distance of 732,8 feet to the North line of State Route No. 64, as dedicated by document 254516; thence West on said North line, a distance of 152.05 feet to the point of beginning, except therefrom that portion taken for highway purposes, in DuPage County, Illinois. Parcel 2: Lots 11, 12, 13, 14, 15 and 16 in North Woods, being a Subdivision of part of the Southeast ¼ of Section 34, Township 40 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded December 6, 1928 as document 270734, except that part described as follows: Beginning at the iron pipe which marks the Southeast corner of Lot 13; thence Northerly along the East line thereof, a distance of 9.00 feet; thence Westerly along a line, which forms an angle of 92 degrees, 55 minutes, 23 seconds measured, clockwise from the last described course, a distance of 224.67 feet to a point on the West line of Lot 16; thence Southerly along said West line, which forms an angle of 87 degrees, 04 minutes, 37 seconds measured clockwise from the last described course, a distance of 20.00 feet to the Southwest corner of Lot 16; thence Easterly along the South line of Lots 16, 15, 14 and 13, which forms an angle of 90 degrees, 07 minutes, 00 second measured clockwise from the last described course, a distance of 224.38 feet to the point of beginning, in DuPage County, Illinois. TOGETHER WITH all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the land described in Parcel 1 and Parcel 2 (the "Land"), including all extensions, additions, improvements, betterments, renewals, substitutions and replacements to or for any such buildings, structures and improvements and all of the right, title and interest of Elmhurst Investors, LLC, an Illinois limited liability company (the "Borrower") now or hereafter acquired in and to any of the foregoing, including without limitation those certain improvements to be constructed on the Land (the "Improvements"); TOGETHER WITH all easements, rights of way, strips and gores of land, streets, ways, alleys, sidewalks, vaults, passages, sewer rights, waters, water courses, water drainage and reservoir rights and powers (whether or not appurtenant), all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, easements, franchises, appendages and appurtenances whatsoever, in any way belonging, relating or appertaining to the Land or the Improvements, whether now owned or hereafter acquired by Borrower, including without limitation all existing and future mineral, oil and gas rights which are appurtenant to or which have been used in connection with the Land, all existing and future water stock relating to the Land or the Improvements, all existing and future share of stock respecting water and water rights pertaining to the Land or the Improvements or other evidence of ownership thereof, and the reversions and remainders thereof (the "Appurtenant Rights"); TOGETHER WITH all machinery, apparatus, equipment, fittings and fixtures of every kind and nature whatsoever, and all furniture, furnishings and other personal property now or hereafter owned by Borrower and forming a part of, or used or obtained for use in connection with, the Land or the Improvements or any present or future operation, occupancy, maintenance or leasing thereof; including, but without limitation, any and all heating, ventilating and air conditioning equipment and systems, antennae, appliances, apparatus, awnings, basins, bathtubs, bidets, boilers, bookcases, cabinets, carpets, communication systems, coolers, curtains, dehumidifiers, dishwashers, disposals, doors, drapes, drapery rods, dryers, ducts, dynamos, elevators, engines, equipment, escalators, fans, fittings, floor coverings, furnaces, furnishings, furniture, hardware, heaters, humidifiers, incinerators, lighting, machinery, motors, ovens, pipes, plumbing and electric equipment, pool equipment, pumps, radiators, ranges, recreational facilities and equipment, refrigerators, screens, sprinklers, stokers, stoves, shades, shelving, sinks, security systems, toilets, ventilators, wall coverings, washers, windows, window covering, wiring and all extensions, renewals or replacements thereof or substitutions therefor or additions thereto, whether or not the same are or shall be attached to the Land or the Improvements in any manner (collectively, the "Fixtures"); it being agreed that all of said property owned by Borrower and placed on the Land or on or in the Improvements (whether affixed or annexed thereto or not) shall, so far as permitted by law, conclusively be deemed to be real. TOGETHER WITH the following (the "Personal Property"): All personal property of every nature whatsoever now or hereafter owned by Borrower or used in connection with the Land or the improvements thereon, including all extensions, additions, improvements, betterments, renewals, substitutions and replacements thereof and all of the right, title and interest of Borrower in and to any such personal property together with the benefit of any deposits or payments now or hereafter made on such personal property by Borrower or on its behalf, including without limitation, any and all Goods, Investment Property, Instruments, Chattel Paper, Documents, Letter of Credit Rights, Accounts, Deposit Accounts, Commercial Tort Claims and General Intangibles, each as defined in the Uniform Commercial Code of the State of Illinois (the "Code") located on the Land or in the Improvements which are now or in the future owned by Borrower and used or obtained for use in connection with the Land or the improvements or any present or future operation, occupancy, maintenance or leasing thereof, or any construction on or at the Land or the Improvements; All proceeds of the foregoing, including, without limitation, all judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Land or improvements thereon or any portion thereof under the power of eminent domain, any proceeds of any policies of insurance, maintained with respect to the Land or improvements thereon or proceeds of any sale, option or contract to sell the Land or improvements thereon or any portion thereof; Any and all additions and accessories to all of the foregoing and any and all proceeds (including proceeds of insurance, eminent domain or other governmental takings and tort claims), renewals, replacements and substitutions of all of the foregoing; All of the books and records pertaining to the foregoing; TOGETHER WITH all right, title and interest which Borrower hereafter may acquire in and to all leases and other agreements now or hereafter entered into for the occupancy or use of the Land, the Appurtenant Rights, the Improvements, the Fixtures and the Personal Property or any portion thereof, whether written or oral (herein collectively referred to as the "Leases"), and all rents, issues, incomes and profits in any manner arising thereunder (herein collectively referred to as the "Rents"). and all right, title and interest which Borrower now has or hereafter may acquire in and to any bank accounts, security deposits, and any and all other amounts held as security under the Leases, reserving to Borrower any statutory rights; TOGETHER WITH any and all Awards and Insurance Proceeds, as each are hereinafter respectively defined, or proceeds of any sale, option or contract to sell the Land or Improvements or any portion thereof; and Borrower hereby authorizes, directs and empowers Lender, at its option, on Borrower's behalf, or on behalf of the successors or assigns of Borrower, to adjust, compromise, claim, collect and receive such proceeds; to give acquittances therefor; and, after deducting expenses of collection, including reasonable attorneys' fees, costs and disbursements, to apply the net proceeds, as hereinafter defined, to the extent not utilized for the restoration of the Land and Improvements to payment of the debt due and owing (the "Debt"), notwithstanding the fact that the same may not then be due and payable or that the Debt is otherwise adequately secured; and Borrower agrees to execute and deliver from time to time such further instruments as may be requested by to confirm such assignment of any such proceeds; TOGETHER WITH all estate, right, title and interest, homestead or other claim or demand, as well in law as in equity, which Borrower now has or hereafter may acquire of, in and to the Land and the Improvements, or any part thereof, and any and all other property of every kind and nature from time to time hereafter (by delivery or by writing of any kind) conveyed, pledged, assigned or transferred as and for additional security hereunder by Borrower or by anyone on behalf of Borrower; PINs:03-34-411-006; 03-34-411-007; 03-34-411-008; 03-34-411-023; 03-34-411-024; 03-34-411-030; 03-34-411-031; 03-34-411-032; and 03-34-411-033 Commonly known as: 621-633 W. North Avenue, Elmhurst, Illinois 60126 Name of Mortgagor: Elmhurst Investors, LLC, an Illinois limited liability company Name of Mortgagee: Pangea Mortgage Capital, LLC, an Illinois limited liability company Mortgage: Recorded in the office of the Recorder of Deeds of DuPage County, Illinois on January 18, 2018 as Document No. R2018-005365. Present owner of the property is Elmhurst Investors, LLC, an Illinois limited liability company. Notice is also hereby given you that the said Complaint prays for other relief; that summons was duly issued out of said Court against you as provided by law, and that the said suit is now pending. Now, therefore, unless you, the said above named defendants, file your answer to the Complaint in the said suit or otherwise make your appearance therein, in the office of the DuPage County Circuit Court Clerk for the Eighteenth Judicial Circuit, 505 N. County Farm Road, Wheaton, Illinois 60187, on or before March 14, 2019, default may be entered against you at any time after that day and a Judgment entered in accordance with the prayer of said Complaint. This is an attempt to collect a debt pursuant to the Fair Debt Collection Practices Act, and any information obtained will be used for that purpose. Published in Daily Herald Feb. 11, 18, 25, 2019 (4518000) , posted 02/11/2019
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PostedFebruary 11, 2019