MOTION FOR JUDGMENT ON THE GUARANTY (COUNT III)

SUSAN E. COX, Magistrate Judge.

NOW COMES the Plaintiff, PNC Bank, National Association, Successor In Interest Via Merger to National City Bank, Successor In Interest Via Merger to Mid America Bank, FSB, successor in interest via merger to Fidelity Federal Savings Bank by its attorneys Crowley & Lamb, P.C., and moves the Court for the entry of a Judgment on the Guaranty (Count III) in its favor and against the Defendant:

and as grounds thereof state:

As appears from the Affidavit of Plaintiff placed on file in support of this Motion attached hereto as Exhibit "A", and from the pleadings and admissions on file, there is no genuine issue as to any material fact, and the Plaintiff is entitled to a Judgment of Foreclosure and Sale in this case as a matter of law.

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

AFFIDAVIT OF MORTGAGEE IN SUPPORT OF THE MOTIONS FOR JUDGMENT OF FORECLOSURE AND SALE AND JUDGMENT ON THE GUARANTY

I, Debra Coleman, being first duly sworn on oath deposes and states that if sworn as a witness would testify as follows:

1. That I have personal knowledge of the facts stated in this Affidavit and if sworn as a witness I could testify competently thereto.

2. That I am an Officer of Commercial Banking-Asset Resolution Team of PNC Bank, National Association, successor in interest via merger to National City Bank, successor in interest via merger to Mid America Bank, FSB, successor in interest to Fidelity Federal Savings Bank ("Plaintiff" or "PNC") and that in such capacity I am familiar with the books and records of the Plaintiff; I have personally examined the same; and I am duly authorized to make this Affidavit on behalf of the Plaintiff.

3. That this Affidavit is made pursuant to 735 ILCS 5/15-1506(a) for the purpose of proving and verifying the facts alleged in the Complaint herein.

4. That all of the allegations of the Complaint on file herein are true and of my own personal knowledge.

5. That I am familiar with the instrument to be foreclosed, a Mortgage executed by Chicago Title Land Trust Co. as Trustee under a Trust Agreement dated March 14, 2002, and Known as Trust No. 1110458 on March 19, 2002, as Mortgagor, in favor of Plaintiff, as Mortgagee, and recorded against the Property commonly known as 1000-08 W. 76th Street, Chicago, Illinois 60620 (the "Property") to secure a loan in the sum of $168,000.00 as evidenced by a Note executed by Chicago Title Land Trust Co. as Trustee under a Trust Agreement dated March 14, 2002, and Known as Trust No. 1110458 in favor of Plaintiff on March 19, 2002 (the "Note"). This Note being unconditionally guaranteed via a Guaranty executed on March 26, 2002, by Robert Johnson. Copies of the Note, Mortgage, and Guaranty are attached to Plaintiff's Complaint as Exhibits B, C, and D.

6. That PNC Bank, National Association, successor in interest via merger to National City Bank, successor in interest via merger to Mid America Bank, FSB, successor in interest via merger to Fidelity Federal Savings Bank is the legal holder of said Note and the Mortgage given as security therefore.

7. That the real estate conveyed by the Mortgage was fee simple.

8. That I am familiar with the books of original entry and accounts maintained by PNC Bank, National Association, successor in interest via merger to National City Bank, successor in interest via merger to Mid America, FSB, successor in interest via merger to Fidelity Federal Savings Bank for the collection due on the Note.

9. That I am familiar with the current status of the mortgage account.

10. That a default occurred for failure to make the monthly payments due under the terms of the Note effective September 2011 and thereafter.

11. That by reason of this default Plaintiff has elected to accelerate the debt thereby claiming the entire balance due under the terms of the Note and Mortgage and authorized the filing of this foreclosure suit.

12. That this default has not been cured under the provisions of Section 15-1602 of the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1602).

13. Attached hereto as Exhibits A, B, C and D are true and correct copies of the Mortgage, Note, Guaranty and the Loan History relied upon by affiant in making this affidavit.

14. The Loan History is generated by a computer system that is used by PNC to track payments made towards accounts, interest calculations for amounts due and owing on accounts, update balances due on accounts and in order to track, maintain and calculate all amounts due and owing on any PNC account.

15. The computer program has always been found to be both accurate and reliable in calculating the amounts due and owing on any PNC account.

16. When payments towards accounts are received by PNC, employees of PNC credit the payments to the appropriate accounts. In the same manner, when charges are made against an account, employees of PNC debit the appropriate accounts.

17. This payment and debit information entered into the computer program is set forth in the Loan History. It is entered into the computer program in the ordinary course of business by PNC and it details all of the transactions that occur relating to the specific account for the history of the account.

18. It is the regular course of business for PNC to make the memoranda set forth in said Loan History at the time of its occurrence or within a reasonable time thereafter. Further, the memoranda are not made in anticipation of litigation.

19. It is the Loan History and the records set forth therein upon which I relied in making this Affidavit on behalf of PNC.

20. That there is due and owing to the Plaintiff the following amounts:

LOAN BALANCE THROUGH FEBRUARY 27, 2013:

FORECLOSURE COSTS:

WHEREFORE, affiant further sayeth naught.

I, Debra Coleman, being first duly sworn on oath, state that I have read the foregoing Affidavit and believe the contents therein are true, in substance and fact.

EXHIBIT A