Exhibit 10.4
[CTTC LOGO]
Instalment Note
(Use with Trust Deed From CTTC 7)
$500,000.00 Chicago, Illinois February 1, 1995
FOR VALUE RECEIVED, *The Leap Partnership, Inc. promise to pay the THE ORDER OF R. Steven Lutterbach the principal sum of five hundred thousand ($500,000.00) Dollars and interest from February 1, 1995, on the balance of principal remaining from time to time unpaid at the rate of Prime + 1 1/2(*) per cent per annum payable in instalments (including principal and interest) as follows: accrued interest or more on the last day of each month, and principal reductions as required by mortgagee or more on the last day of each month thereafter until this note is fully paid except that the final payment of principal and interest, if not sooner paid, shall be due on the 1st day of August, 1995. All such payments on account of the indebtedness evidenced by this note shall be first applied to interest on the unpaid principal balance and the remainder to principal.
The principal of each of said instalments unless paid when due shall bear interest after maturity at the rate of Prime + 3% per cent per annum. Said payments are to be made , as the legal holder of this note may, from time to time, in writing appoint, and in the absence of such appointment, then at the office of
R. Steven Lutterbach
2511 Fairway Drive
Michigan City, Indiana 46360
**(Prime rate as published by Wall Street Journal; plus applicable "closing costs".)
The payment of this note is secured by trust deed, bearing even date herewith, to Chicago Title and Trust Company, Trustee, on real estate in the County of Cook, Illinois; and it is agreed that at the election of the holder or holders hereof and without notice, the principal sum remaining unpaid hereon, together with accrued interest thereon, shall become at once due and payable at the place of payment aforesaid in case of default in the payment of principal or interest when due in accordance with the terms hereof or in case default shall occur and continue for three days (in which event election may be made at any time after the expiration of said three days, without notice) in the performance of any other agreement contained in said trust deed.
All parties hereto severally waive presentment for payment, notice of dishonor, protest and notice of protest.
Identification No. 783409
--------------- CHICAGO TITLE AND TRUST COMPANY,
Trustee
By [SIGNATURE OF ASSISTANT SECRETARY]
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Assistant Secretary
Assistant Vice President
The Leap Partnership, Inc. - -------------------------------------------------
/s/ Fred Smith - ------------------------------------------------- Fred Smith, President
/s/ Joe Sciarrotta - ------------------------------------------------- Joe Sciarrotta, Vice President
/s/ George Gier - ------------------------------------------------- George Gier, Secretary
IMPORTANT!
THIS IS A VALUABLE DOCUMENT! WHEN FULLY PAID, THIS NOTE AND THE TRUST DEED SECURING IT MUST BE SURRENDERED TO THE PARTY OBLIGED TO MAKE THE FINAL PAYMENT. THAT PARTY MUST IMMEDIATELY THEREAFTER PRESENT THIS NOTE AND THE TRUST DEED SECURING IT TO CHICAGO TITLE AND TRUST COMPANY, TRUSTEE, IN ORDER TO OBTAIN A RELEASE DEED.
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INSTALMENT NOTE ================================================================================
The Leap Partnership, Inc. Maker
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22 West Hubbard Street
Chicago, Illinois 60610 - -----------------------------------------
Date February 1, 1995
Amount $500,000.00
Instalment
Last payment due August 1, 1995
Principal and Interest Payable at the Office of
R. Steve Lutterbach - ----------------------------------------------------
2511 Fairway Drive - ----------------------------------------------------
Michigan City, Indiana 46360 ================================================================================
[LOGO]
CHICAGO TITLE AND
TRUST COMPANY
111 WEST WASHINGTON STREET
CHICAGO 60602
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Received on the within NOte
the following sums: ================================================================================ DATE INTEREST PRINCIPAL REMARKS - -------------------------------------------------------------------------------- 19 Dollars Co. Dollars Co. - --------------------------------------------------------------------------------
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TRUSTEE'S DEED
Form 2459 Rev. 5-77 Individual The above space for recorders use only _______________________________________________________________________________ THIS INDENTURE, made this 9TH day of March, 1994, between AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a corporation duly organized and existing as a national banking association under the laws of the United States of America, and duly authorized to accept and execute trusts within the State of Illinois, not personally but as Trustee under the provisions of a deed or deeds in trust duly recorded and delivered to said national banking association in pursuance of a certain Trust Agreement, dated the 8TH day of JANUARY, 1986, and known as Trust Number 66420, party of the first part, and THE LEAP PARTNERSHIP, INC.
22 W. HUBBARD, CHICAGO, ILLINOIS 60610.
party of the second part.
WITNESSETH, that said party of the first part, in consideration of the sum of - -TEN AND NO/100---------($10.00)-------------- Dollars, and other good and valuable considerations in hand paid, does hereby convey and quit claim unto said parties of the second part, the following described real estate, situated in COOK County, Illinois, to-wit:
LOT 5 AND THE WEST 1 AND 1/3 FEET OF LOT 4 IN WOLCOTT'S ADDITION TO CHICAGO IN THE EAST 1/2 OF THE NORTH EAST 1/4 OF SECTION 9, TOWNSHIP 39 NORTH, RANG3 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN # 17-09-255-022-0000
together with the tenements and appurtenances thereunto belonging.
TO HAVE AND TO HOLD the same unto said party of the second part, and to the proper use, benefit and behoof, forever, of said party of the second part.
This deed is executed by the party of the first part, as Trustee, as aforesaid, pursuant to and in the exercise of the power and authority granted to and vested in it by the terms of said Deed or Deeds in Trust and the provisions of said Trust Agreement above mentioned, and of every other power and authority thereunto enabling. This deed is made subject to the liens of all trust deeds and/or mortgages upon said real estate, if any, recorded or registered in said county.
IN WITNESS WHEREOF, said party of the first part has caused its corporate seal to be hereto affixed, and has caused its name to be signed to these presents by one of its Vice Presidents or its Assistant Vice Presidents and attested by its Assistant Secretary, the day and year first above written.
AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO
as Trustee, as aforesaid, and not personally
[SEAL LOGO] By______________________________________________________
VICE PRESIDENT
Attest__________________________________________________
ASSISTANT SECRETARY
________________________________________________________________________________
STATE OF ILLINOIS, ) COUNTY OF COOK ) SS.
THIS INSTRUMENT PREPARED BY PETER H. JOHANSEN ______________________ AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO 33 N. LASALLE CHICAGO, ILLINOIS
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that the above named ______________________ Vice President and Assistant Secretary of the AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, A National Banking Association. Grantor, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such ___________________ Vice President and Assistant Secretary respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said National Banking Association for the uses and purposes therein set forth; and the said Assistant Secretary then and there acknowledged that said Assistant Secretary as custodian of the corporate seal of said National Banking Association caused the corporate seal of said National Banking Association to be affixed to said instrument as said Assistant Secretary's own free and voluntary act and as the free and voluntary act of said National Banking Association for the uses and purposes therein set forth.
-------------------------------- Date 3/11/94
"OFFICIAL SEAL"
DOROTHY THIEL /S/ DOROTHY THIEL
NOTARY PUBLIC, STATE OF ILLINOIS DET My Commission Expires 02/11/96 Notary Public
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D NAME Leap Partnership, Inc. FOR INFORMATION ONLY
E INSERT STREET ADDRESS OF ABOVE
L DESCRIBED PROPERTY HERE
I STREET 22 W. HUBBARD
V 22 W. HUBBARD
E ______________________________
R CITY Chicago, Illinois 60610
Y CHICAGO, ILLINOIS
OR ______________________________
INSTRUCTIONS
RECORDER'S OFFICE BOX NUMBER BOX 333
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This space for affixing riders and revenue stamps
2 STATE OF ILLINOIS ---
COOK 2 [SEAL] REAL ESTATE TRANSFER TAX ---
CO. NO. 016 ...
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