PLAINTIFF'S RULE 55(b) MOTION FOR DEFAULT JUDGMENT AND FOR JUDGMENT OF FORECLOSURE AND SALE

SAMUEL DER-YEGHIAYAN, District Judge.

NOW COMES the Plaintiff, Bank of Hope, successor to Foster Bank, by and through Ashen|Faulkner, its attorneys, and in support of its Motion for Default Judgment and Judgment of Foreclosure and Sale pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, states as follows:

1. On March 17, 2017, Plaintiff filed its Complaint to Foreclose Mortgage and for Other Relief, seeking to foreclose its commercial mortgage ("Mortgage") on the property commonly known as 2360-2400 Walnut Ave., Hanover Park, IL 60133 ("Property"). The Mortgage secures a note executed by Min S. Suh and Angela Suh (collectively, "Borrowers") in favor of Plaintiff. See Docket No. 1.

2. On May 3, 2017, Plaintiff presented its Rule 55 Motion for Entry of Order of Default ("Default Motion"), alleging that Borrowers had been duly served, and had failed to appear before this Court as required by the Federal Rules of Civil Procedure. See Docket No. 11.

3. Plaintiff's Default Motion was granted, and on May 3, 2017, this Court entered an order of default against Borrowers and continued this matter for prove-up. See Docket No. 13.

4. Plaintiff's claim of damages is for a sum that is made certain by computation and is more specifically set forth in its supporting Judgment Affidavit attached hereto as "Exhibit A" and affidavit of attorneys' fees and cost attached hereto as "Exhibit B."

5. Borrowers' failure to defend and deny the allegations of Plaintiff's complaint results in those allegations being admitted and Plaintiff therefore moves the Court for the entry of Default Judgment and Judgment of Foreclosure and Sale.

WHEREFORE, the Plaintiff respectfully requests that this Court enter an (i) Order of Default Judgment and Judgment of Foreclosure and Sale for that amount set forth and made certain in its Judgment Affidavit, (ii) award Plaintiff its reasonable expenses, and (iii) grant such further or other relief as the Court may deem just or equitable.

EXHIBIT "A"

AFFIDAVIT OF KELLY CHO

I, Kelly 010, being first duly sworn on oath, depose and state as follows:

1. I am over 18 years of age and competent.

2. This affidavit is made on my personal knowledge and the documents contained herein, and if sworn as a witness, I could and would competently testify to the facts contained herein and documents attached hereto.

3. I am employed by Bank of Hope as successor to Foster Bank (herein "Bank''), Plaintiff in the above-captioned cause, as a First Vice President. One of my duties as First Vice President is to review loan accounts to ensure that timely payments are made and to ensure compliance with other loan terms. I am authorized to make this affidavit.

4. In my capacity as First Vice President, I am personally familiar with the files, ledgers and records kept by the Bank and have access to all documents processed by the Bank that relate to the loan made by it to Min S. Suh and Angela Suh (collectively, "Borrowers").

5. My full and careful review of the loan documents, itemization of interest charges, late fees and principal balance in the above-captioned suit relating to Borrowers shows the following:

6. The matters set forth in this Affidavit are true in substance and in fact and are based upon my own personal knowledge and upon my own personal review of Borrowers' loan records, including the Loan Payoff Statement dated March 29, 2017 ("Payoff") now held and maintained in the normal and ordinary course of the Bank's business. A true and correct copy of the Payoff is attached hereto as "Exhibit 3."

7. I prepared the attached Payoff in the regular course of business of the Bank and it was in the regular course of the Bank's business at or around the date the Payoff was generated to produce such documents.

8. The Payoff was generated from the Bank's electronic accounting/payment management system FiseIV (herein "FiseIV") which automatically calculates, tracks and maintains balances and interest owed based upon parameters inputted into the system as set forth in the underlying obligation, in this case the Note, and triggered by payment activity in relation to the obligation.

9. It is the Banks regular and ordinary course of business to enter incoming credits, payments or costs into FiseIV at or near the time payment or credit are received and all credits and payments made to the Bank for application to the indebtedness of the Note are reflected in the statement. FiseIV is recognized as standard in the finance industry and produces an accurate record in the form of the Payoff when properly employed and I properly employed and operated FiseIV to generate the Payoff. FiseIV operates on computing equipment recognized as standard in the finance industry and is utilized in the regular course of the Bank's business.

10. The Bank has performed all that has been required of it to be performed under the Note. The Bank has demanded that Borrowers fulfill their obligations under the Note, however, they have refused and continue to refuse to fulfill their obligations.

11. Under penalties provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure and 28 U.S. Code § 1746, the undersigned certifies that the statements set forth in this instrument are true and correct.

Bank of Hope, successor to Foster Bank v. Min S. Suh and Angela Suh

AFFIDAVIT OF KELLY CHO

EXHIBIT "1"

Borrower/Mortgagor.: Min S. Sub and Angela Sub

Lender/Mortgagee: Foster Bank, an Illinois Banking Corporation

In consideration of Ten Dollars and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the Borrower and Lender do hereby agree to amend the above identified Note as follows:

EXHIBIT "2"

MORTGAGE MODIFICATION AGREEMENT

This Indenture, made this 7th day of December 2012, by and between FOSTER BANK, an Illinois Banking Corporation, 5005 Newport Drive, Rolling Meadows, Illinois 60008, the owner of the mortgage hereinafter described, and Nan S. Suh and Angela Suh, representing herself or themselves to be the owner or owners of the real estate hereinafter and in said deed described ("Owner"),

WITNESSETH:

1. The parties hereby agree to modify the amount of the Note and extend the time of payment of the indebtedness evidenced by the principal promissory note or notes of Min S. Suh and Angela Suh, secured by a mortgage dated September 1, 2010 and recorded September 9, 2010 in the office of the Recorder of Cook County, Illinois, as document number 1025229041 in the office of Recorder of Cook County, Illinois, conveying to FOSTER BANK, an Illinois banking corporation certain real estate in Cook County, Illinois described as follows:

OUTLOT "B" (EXCEPT THE NORTHERLY 200 FEET AS MEASURED ON THE EASTERLY AND WESTERLY LINES THEREOF) IN HANOVER PARK TERRACE, A SUBDIVISION OF PART OF SECTION 35 AND SECTION 36, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, EXCEPT THE PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID OUTLOT "B"; THENCE NORTH 53 DEGREES 46 MINUTES 42 SECONDS WEST, ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT "B" BEING ALSO THE NORTHEASTERLY RIGHT OF WAY LINE OF US 20 (LAKE STREET), 150.00 FEET; THENCE NORTH 80 DEGREES 38 MINUTES 29 SECONDS EAST, 21.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY RIGHT OF WAY LINE OF WALNUT AVENUE; THENCE SOUTH 35 DEGREES 3 MINUTES 42 SECONDS WEST, ALONG SAID SOUTHEASTERLY LINE, 15.00 FEET TO THE POINT OF BEGINNING.

COMMONLY MOWN AS: 2360-2400 Walnut Ave., Hanover Park, IL 60133 PERMANENT INDEX No.: 06-36-311-035-0000

4. Said indebtedness of $951,263.88 shall be paid on or before September 1, 2015 as provided in the Promissory note or notes, copies of which is attached hereto as Exhibit A.

5. If any part of said indebtedness or interest thereon be not paid at the maturity thereof as provided in the promissory note or notes, or if default in the performance of any other covenant of the Owner shall continue after written notice thereof, the entire principal sum secured by said mortgage, together with the then accrued interest thereon, shall, without notice, at the option of the holder or holders of said principal note or notes, become due and payable, in the same manner as if said extension had not been granted.

6. This Modification Agreement is supplementary to said mortgage. All the provisions thereof and of the principal note or notes, including the right to declare principal and accrued interest due for any cause specified in said mortgage or notes, but not including any prepayment privileges unless herein expressly provided for, shall remain in full force and effect except as herein expressly modified. The Owner agrees to perform all the covenants of the grantor or grantors in said mortgage. The provisions of this indenture shall inure to the benefit of any holder of said principal note or notes and interest notes and shall bind the heirs, personal representatives and assigns of the Owner, The Owner hereby waives and releases all rights and benefits under and by virtue of the Homestead Exemption Laws of the State of Illinois with respect to said real estate. If the Owner consists of two or more persons, their liability hereunder shall be joint and several.

IN TESTIMONY WHEREOF, the parties hereto have signed, sealed and delivered this indenture the day and year first above written.

STATE OF ILLINOIS

COUNTY' OF COOK

I, the undersigned, a Notary Public in and for the County and the State aforesaid, DO HEREBY CERTIFY that, MIN S. SUH AND ANGELA SUH, personally known to me to be the same person(s) whose name(s) is(are) subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that (he)(she)they signed and delivered the said instrument as (his)(her)their free and voluntary act for the uses and purposes therein set forth.

GIVEN under my hand and Notarial, seal this 7th day of December, 2012.

In consideration of Ten Dollars and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the Borrower and Lender do hereby agree to amend the above identified Note as follows:181218124716

All other terms and conditions of the Note shall remain the same.

EXHIBIT "B"

AFFIDAVIT OF ALEXANDER WRIGHT

The undersigned being first duly sworn on oath states the following:

1. I am one of the attorneys of record for Bank of Hope, successor to Foster Bank, plaintiff in this matter and I have been licensed to practice law in the state of Illinois since 2013. 1 have knowledge and experience handling matters involving mortgage foreclosure actions.

2. Attached is a 2-page fee sheet detailing the services performed in conjunction with the loan entered into by Min S. Suh and Angela Suh. The detailed sheet was produced from my firm's billing system called TABS, which is accurate and widely used in the legal community to keep and maintain billing records.

3. The attached statement indicates the costs and services performed and the amount of time spent in handling this matter. Additional time will be spent in traveling to and from Court and presenting this case to this Court: for Judgment. The hourly rate charged by our firm is $275.00 which is within the range of fees customarily charged by firms in this area handling like matters. The attached sheet shows that a total of 16.85 hours of work were performed on this matter, for a total of $4,633.75 in fees. Additionally, costs of $1,164.28 were generated. Plaintiff seeks Court approval for an award of attorney's fees and costs in the amount of $5,798.03.

4. Under penalties provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct.