To:
the Illinois Pollution Control Board
(IPEA No. 95-05-AC)
Date:
May 26, 2005
From:
Charles Bellemey
Kathy
Artman
111 Patton St., N. Pekin, IL 61554
Re: property
in
rural Champaign, IL
To whom
it may concern:
RECEIVED
CLERK~S
OPPICE
MAY
31
2005
STATE OF
ILLNOI$
Pollution Control Board
I, Charles Bellemey, owner of the property
in rural Champaign,
IL, and with the I.D.# 25-1 5-31-
400-007, is
sold on a contract for deed dated January
8, 2002.
I’m sending a copy
of
tile
contract for your review. According to the contract, the contract buyers
are responsible for all
liens and violations.
I feel that
it’s they’re responsibly to maintain this
property.
Sincerely,
&
C~LL
Charles Bel lemey
CONT~CT FOR
SALE OF REAL
ESTATE
THIS AGREEMENT made and entered into
this
_______
day of__________
.
00~
by
and
between CHARLES
BELLEMY, hereinafter referred
to as ~Sel1er”.~~’nd
PIRTLE
DOCHER.
iNC.. an illinois corporation, hereinafter referred to as “Purchaser’.
WITNESSETH that:
WHEREAS, Seller is the owner of the tract ofreal estate described as:
All that land as bounded on
the South by the
South
line ofsaid
Section 31, and bounded
on
the
West. North and East by the centerline of drainage ditches;
the Southeast corner ofthe tract
~
beginning 379.15
feet West of the Southeast corner of said
Section
31
and the Southwest corner
ofthe tract being
117.40 feet West ofthe Southeast corner of said Section
31. and containing
2.74 acres, more or less.
together with a strip
along the
South line of said tract which is used for
public road purposes; all
of the above described premises being situated in the Southeast Quarter
of Section
3 1. Township
20
North,. Range 9
East of the
Third Principal
Meridian, in Champaign
County,
State of Illinois.
PIN 25-15-3 1-400-007: and
WHEREAS. the Purchasers desire to purchase such real estate. and
WHEREAS. the parties have agreed upon the terms and cqnditions relating to the
sale
and purchase ofsuch real estate and
now wish to
reflect their agreement in writing merging
therein
all
prior negotiations with respect thereto.
NOW, THEREFORE. it is agreed between the parties as fol1o~vs:
I.
Covenant of Sale.
Seller does hereby agree to
sell and convey to Purchasers the above
described real estate
in fee
simple absolute, such conveyance to be affected
by an executed
Warranty Deed to
be delivered to the Purchasers upon their performance
in fl~llof the terms,
conditions and covenants herein contained to
be performed by them.
2.
Covenant to Purchase.
Purchasers do jointly and
severally agree and covenant to
purchase such real estate on
the terms herein contained, and to pay for the
same in
the manner
and at the times herein stated.
3.
Purchase Price.
The gross
purchase price of such real estate
is the sum of Seven
Thousand Five Hundred Dollars
(S7.500.00), which
amount shall
be paid
in bankable funds at
the time
nj-id
in the manner next below set forth:
a.
Seven Hundred Fifty Dollars
($750.00) cash
in hand upon execution ofthis agreement.
the receipt and sufficiency of which are hereby acknowledged. said n~onies
to be released to
the
Seller upon execution ofthis
agreeinent;
b.
The balance ofsaid purchase price, Six Thousand
Seven Hundred Fifty Dollars
($6,750.00) shall be paid in
monthly installments of
One
Hundred
Dollars ($100.00) amortized
over a eight
year period, with the first payment being due
ot’i February
1,
2002.
and each
successive payment shall thereafter become due on the fIfteenth day ofeach
month
following.
Simple interest at the
rate of
Nine
(9)
percent per annum on
the unpaid balance
of
this
contract
shall accrue
from and after January
8, 2002, and
interest as thus accrued shall be first deducted
from each installment and the balance, only, shall be credited
to principal.
Purchasers have the
right ofprepayment
at
any
time without
penalty.
Payments ofprincipal and interest~
shall be
made by the Purchasers to Seller at
13524
Third Street, Pekin, IL 61554-8679.
Purchasers may
deduct $10.75 from
the last payment on the contract to cover the cost ofthe revenue stamps.
An
amortization schedule has been attached and marked Exhibit “A”.
A copy
of this
payment
schedule has
been given to
both parties.
Also enclosed
is the copy of the
settlement sheet
reflecting the payment of costs at the closing on January
8, 2002.
This sheet is niarked Exhibit
“B” and made a part ofthis
contract.
4.
Deed of Conve~ance.Seller, upon execution of this agreement. shall also execute a
Warranty Deed ofconveyance, sufficient
in
form to convey
the above
described premises to the
Purchasers which such deed shall be made subject to the lien ofcurrent taxes, all easements and
restrictions of record.
all apparent easements and the building and zoning ordii~ancesofthe City
of Champaign. Illinois.~
5.
Possession.
Possession ofthe premises shall be
delivered to the Purchasers
concurrently with the closing of this
transaction.
All
keys shall be delivered
to Purchasers at the
closing.
6.
Closing-
The closing of this transaction shall be held on or before January 8, 2002,
at
the
502
W.
Clark
Street, Champaign, IL, or at such other place and time as the
parties may
agree.
7.
Taxes and Special
Assessments.
Real estate taxes for all prior years shall be paid by
Seller.
Real estate
taxes for 2001, payable in 2002, shall be
paid by Buyer.
All subsequent taxes
shall be paid by Purchasers.
8.
Escrow Agent.
Banklllinois,
100 W. University, Champaian, Illinois.
is, by
agreement
of the parties, designated as escrow agent hereunder.
The escrow agent shall receive the original
ofthis
contract
and Warranty Deed of conveyance and
shall hold the
same pending the
consummation ofthis
contract.
The Warranty Deed shall
be delivered to the Purchasers upon
their satisfying in full the unpaid balance ofthis contract in the mariner above provided.
The escrow agent, upon receiving an
affidavit from Seller stating that
this contract
has
been terminated
in accordance with paragraph
18 of this agreement, shall be
entitled to rely upon
such affidavit and shall redeIiv~r
the executed Warranty Deed to
Seller.
9.
Evidence ofTitle..
~
~
.~
~
~
Seller shall furnish to
Purchaser, within a reasonable time,
a title commitment for a
special title policy,
Type A. showing title in the intended Seller, subject only to:
(a)
The general exceptions
common to
property in Champaign
County,
IL;
(b)
General taxes for the year 2001, due and
payable in 2002
and subsequent years;
(c)
Easements and restrictions apparent or ofrecord;
(d)
Special assessments or taxes;
Title Exceptions:
Ifthe title commitment discloses
exceptions relating to title other
than those referred to
above, Seller shall have thirty (30) days from the date thereofto have those
exceptions removed from the commitment.
If Seller fails to have
those exceptions removed
within that time,
Purchaser may terminate this contract or may elect, upon notice to Seller within
ten (10) days after the expiration ofthe thirty (30) day period, to
take title as it then is with the
right to
deduct from the purchase price, liens and encumbrances ofa definite or ascertainable
an~ount.IfPurchaser does not
so elect, this contract shall
become null and
void without further
notice ofthe parties, and all
moneys heretofo~epaid by Purchaser shall
be refunded to him.
If
title evidence isbv abstract, Purchaser shall within ten (10) days after the receipt ofabstract
indicate any exceptions to a merchantable abstract, and
Seller shall have thirty (30) days
thereafter in which to make abstract merchantable,
or Seller, at his option.
may provide a title
policy. Type A.
insuring over said
objections.
10.
Condition of Premises.
Purchasers acknowledge that they have
inspected the real
estate and are acquainted with the condition thereof, and accept the same in “as is” condition.
11.
RESPA.
Seller and Purchasers hereby
agree to
make all disclosures and
to sign
all
documents necessary to allow
full compliance with the provisions ofthe Real Estate Settlement
Procedures Act of 1974,
as. amended.
12.
Default.
In the event ofPurchasers’
failure to make any of the payments or perform
any of the covenants or agreements hereinabove provided for within ten (10) days after such
payment
be due
or after the time such act should have been performed;
and in the further event
that such failure continues for a period often (10) days after written notice of an act ofdefault is
mailed to
Purchaser,
Seller may declare the full amount paid hereunder, whether otherwise due
and payable or not, immediately due and
payable by mailing written notice of such election to the
Purchasers at their address below shown.
In the event the Purchasers fail to
make full and
complete payment of such unpaid balance within a period of thirty (30) days after the date ofthe
mailing ofsuch notice, the Seller shall have the option to declare this
agreement at
an end and the
rights and, interest of Purchasers forfeited,
in
which event all sums paid by the Purchasers shall be
retained by Seller as liquidated damages for the breach ofthis
agreement.
Alternatively, the
Seller shall have the right to bring~uitfor the Specific Performance
bf
this agreement and
reserves the right to request the granting of such remedy together with such other equitable or
legal remedies as may be available
to him in
a court ofcompetentjurisdiction.
The foregoing
remedies
in the event of a default are not intended to
be exclusive and the Seller shall be entitled
to
all remedies otherwise provided
by law.
In the event Seller elects
to
give notice as set forth above and
a forfeiture ofthis contract
occurs
by virtue of the Purchasers’ failure to pay the full amount ofthis
agreement within the
time stated, then the escrow agent, upon presentation of an
affidavit of Seller or his agent or
assigns of the existence and happening of a forfeiture as herein provided
for, shall cancel or
destroy the deed provided for and deliver this original signed contract,
canceled, to the Seller.
13.
Notice.
Whenever written notice is required to
be given under the terms of this
agreement, the following addresses shall be
used for giving such notice and the same shall be
mailed
in registered form,
return receipt requested:
Seller:
Charles Bellemy,
13524 Third Street, Pekin.
IL
6 1554-8679
Purchaser:
Pirtle
Docher, Inc.,
1205
Carver Drive, Champaign, IL
61820
In the event either party hereto changes mailing addresses during the pendency ofthis agreement,
written notice
shall be
given to the other party and the escrow agent reflecting such new mailing
address and the new address shall be used by the other party if notice is required t~obe given
hereunder.
14.
Time of the Essence.
The time
for performance of the obligations ofthe parties
is of
the essence of this contract.
15.
Effect ofWaiver of Default.
No waiver by Seller of any breach by Purchasers or
any
extension of
the due
date of any payment hereunder, or the
acceptance by
Seller ofthe payment
after its due
date shall in
any manner operate as a waiver ofany breach or failure ofPurchasers
thereafter occurring; and the
same shall not
affect the right of Seller to accelerate the balance of
the purchase price or declare a forfeiture hereunder or pursue an~
other remedy afforded to him
by
the terms of this contract or at law by reason of any
subsequent act or omission of Purchasers.
16.
Entirety and Extension ofLiabilities.
This Agreement contains all the tern-is and
conditions relating to
the sale of such real estate
and no oral representations, covenants or
agreements exist between the parties other than those herein stated, and the obligations hereof are
expressly made binding upon the heirs at law, estate
representatives, devisees and legatees ofall
parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year
first
above written.
SELLER:
PURCHASERS:
PIRTLE DOCHER,
fNC., an
Illinois corp..
C(~4~~1
~
By
~i
Charles Bellemy
President
Attest
~
~
~/
Secretary
Prepared by:
Philip A. Summers
AttorneY at Law
502
W.
Clark Street
Champaign.
IL
61820
Telephone: 352-7629