2024L050026 Exhibits
2024L050026 Exhibits
2024L050026 Exhibits
All other Law Division Initial Case Management Dates will be heard via Zoom
For more information and Zoom Meeting IDs go to https.//www.cookcountycourt,org/HOME?Zoom-Links?Agg4906_SelectTab/12
Court Date: 5/21/2024 1:30 PM FILED
1/17/2024 11:28 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
EXHIBIT 1
COOK COUNTY, IL
FILED DATE: 1/17/2024 11:28 AM 2024L050026
2024L050026
Calendar, 1
25999566
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EXHIBIT 2
FILED DATE: 1/17/2024 11:28 AM 2024L050026
Braden and Jaime- I am working with Matt McClintoc k (a restructuring attorney ) to finalize a plan this week to reorganize the company - either through an ABC or a subchapter 5. Th is wou ld li kely just concern the parent company - Etta Collective
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
I am working with Matt McClintock (a restructuring attorney) to finalize a plan this week to reorganize the
company - either through an ABC or a subchapter 5. This would likely just concern the parent company - Etta
Collective - not each of the restaurants.
There are a number of leases that we cannot execute. And there are a whole lot of bills from the separation that
were not disclosed. Additionally I plan to list the property at 1332 W. Grand Ave for sale.
Finally there will likely be a need for dip financing and will need to know how you will want to handle this.
1
Can we catch up tomorrow on a call at 11am?
FILED DATE: 1/17/2024 11:28 AM 2024L050026
David
David Pisor
CONFIDENTIALITY NOTICE: The content of this message and any files transmitted with it is a confidential
and proprietary business communication, which is solely for the use of the intended recipient(s). Any use,
distribution, duplication or disclosure by any other person or entity is strictly prohibited. If you are not an
intended recipient or this has been received in error, please notify the sender and immediately delete all copies
of this communication.
2
FILED DATE: 1/17/2024 11:28 AM 2024L050026
EXHIBIT 3
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EXHIBIT 4
FILED DATE: 1/17/2024 11:28 AM 2024L050026
Please be advised that a Citation to Discover Assets was received by Wintrust Bank and Trust Co on
01/10/24. A copy is enclosed for your records.
Effective this date, funds in the account has been withdrawn and placed on hold until a turnover order or a
release from the court is received by the Bank. If applicable, funds may be offset toward outstanding loan
balances.
A hold has been placed for twice the judgment amount of the order until further instruction from the court.
If requested by order of the court, information regarding your account relationship with the Bank may be
provided as defined.
Account(s): -7772
Should you have any further questions, please contact your account officer, Jaime Hung at 312-291-2919.
Sincerely,
Jason Williger
Legal Requests Coordinator
Encl:
EXHIBIT 5
Jillian S. Cole.
Direct: (312) 836-4019
FILED DATE: 1/17/2024 11:28 AM 2024L050026
E-mail: jcole@taftlaw.com
Re: Commercial Loan No. 430004123-1 (the “Loan”) from Wintrust Bank, N.A.
(the “Lender”) to David Pisor (“Pisor”), Pisor Ventures, LLC (“Pisor
Ventures”), Etta Collective, LLC (“Ella Collective”), Etta Scottsdale, LLC
(“Ella Scottsdale”), Ella Bucktown, LLC (“Ella Bucktown”), and Etta River
North, LLC (“Etta River North,” and collectively with Pisor, Pisor Ventures,
Etta Collective, Etta Scottsdale, and Etta Bucktown, the “Borrowers”).
Reference is made to the following loan documents relating to the Loan, including, but not
limited to, the following: (i) that certain Line of Credit Note and Loan Agreement, dated as of July
130624152v1
Mr. David Pisor
January 12, 2024
Page 2
FILED DATE: 1/17/2024 11:28 AM 2024L050026
17, 2023, executed by the Borrowers in favor of the Lender, in the original principal amount of
$2,500,000.00, (the “Note”); (ii) that certain Security Agreement, dated as of July 17, 2023, by
and between the Borrowers and the Lender, pursuant to which the Borrowers granted to the Lender
a security interest in virtually all of the Borrowers’ assets, including, but not limited to, its
accounts, inventory, equipment, instruments, investment property and general intangibles (the
“Security Agreement”); (iii) that certain Junior Mortgage, Security Agreement, Assignment of
Rents and Leases and Fixture Filing executed by Thirteen Thirty-Two, LLC (“1332”) in favor of
the Lender, dated as July 17, 2023 (the “Mortgage”) on the real property located at 1328-1332
West Grand Avenue, Chicago, Illinois (the “Property”) (iv) that certain Pledge Agreement, dated
as of July 17, 2023, executed by Pisor in favor of the lender (the “Pledge Agreement”); and (v)
that certain Collateral Assignment of Pacific Life Insurance Policy #VF51941380, dated as of July
17, 2023, executed by Pisor in favor of the Lender (the “Assignment,” and sometimes collectively
with the Note, the Security Agreement, the Mortgage, the Pledge Agreement and all other
instruments, loan documents and/or credit agreements relating to, evidencing, securing and/or
guarantying the Loan, the “Loan Documents”). All capitalized terms in this Notice that are not
otherwise defined herein shall have the same meanings that are ascribed to them in the Note.
This Notice shall constitute formal notice from the Lender to the Borrowers that that certain
Events of Default, which the Lender deems to be incurable, have occurred under the Loan
Documents as a result of, among other things, the following: (i) the Borrowers’ admitted
insolvency in violation of Paragraph 11(iv)(A) of the Note; (ii) the entry of a final judgment (the
“Judgment”) entered against Etta Collective in Case No. 2023 M1 171688, pending in the Circuit
Court of Cook County, Illinois (the “Litigation”) in violation of Paragraph 11(vi) of the Note; (iii)
the material adverse change in the Borrowers’ business, assets and financial condition in violation
of Paragraph 11(vi) of the Note; and (iv) the existence of the encumbrance of a citation lien by
virtue of a Citation to Discover Assets of Etta Collective to the Lender issued in the Litigation, in
violation of Paragraph 11(ii) of the Amended Note (collectively, the “Events of Default”).
As a result of the occurrence of the Events of Default, the Lender hereby exercises its right
to accelerate the entire balance due under the Note and to demand that the Borrowers immediately
repay the total amount due thereunder. As of the date of this Notice, the total amount due under
the Note, exclusive of any default interest that may be due thereunder and collection-related
expenses (including, without limitation, attorneys’ fees), is approximately $2,519,791.67.1
If the total balance due under the Note (including, without limitation, all collection-related
expenses incurred by the Lender) is not repaid immediately, then the Lender intends, and expressly
reserves the right without further notice, to: (i) accelerate the balance due under the Note; (ii) begin
charging the default interest rate on the outstanding principal balance due under the Note, effective
as of the earliest Event of Default; (iii) freeze any remaining availability under the Note; (iv)
exercise its right of setoff against any deposit accounts maintained with the Lender by the
Borrowers; (v) enforce the Lender’s rights and remedies under the Security Agreement and the
1
Interest will continue to accrue on the principal balance of the Note after the date of this Notice at $659.72 per
diem.
130624152v1
Mr. David Pisor
January 12, 2024
Page 3
FILED DATE: 1/17/2024 11:28 AM 2024L050026
Uniform Commercial Code; (vi) foreclose the Mortgage; (vii) seek the appointment of a receiver
to, among other things, take possession and control of the Property; (viii) enforce the Lender’s
rights and remedies under the Pledge Agreement and the Assignment; and (ix) initiate litigation
against the Borrowers to collect the full amount due under the Note, in which litigation the Lender
will seek to recover from the Borrowers all of the attorneys’ fees and court costs incurred by the
Lender in enforcing its rights and remedies under the Loan Documents. We hope this proves
unnecessary.
The Lender expressly reserves, and does not waive, any and all of its rights and/or remedies
under the Loan Documents and/or applicable law, regardless of whether such rights and remedies
are set forth in this Notice. Nothing in this Notice, or any delay on the part of the Lender in
exercising any of its rights and/or remedies under the Loan Documents or applicable law, shall
constitute a waiver or modification of any of the Lender’s rights and/or remedies thereunder. The
Lender also reserves, without limitation, the right to accept any partial payments made by the
Borrowers under the Note (including, without limitation, any regularly-scheduled monthly
payments due under the Note) after the date of this Notice. The Lender may apply, in its sole
discretion, any partial payments made by the Borrowers in the manner provided for in the Loan
Documents. No acceptance by the Lender of a partial payment under the Note shall constitute a
renewal or extension of the Loan, a cure of any Events of Default under the Loan Documents
(including, but not limited to, the Events of Default set forth in this Notice), a reinstatement of the
Loan, or a waiver or modification of any rights or remedies available to the Lender under the Loan
Documents or applicable law, including, without limitation, the Lender’s right to declare the entire
outstanding balance under the Note to be immediately due and owing. No oral or written
communications with Lender that any of the Borrowers may have had, or which any of them may
have after the date of this Notice, shall constitute an agreement by the Lender to amend any of the
terms of the Loan Documents or to forbear, in any manner or for any period of time, from the
enforcement of any of the Lender’s rights and remedies under the Loan Documents, or under
applicable law, unless such communications are reflected in an agreement signed by the Borrowers
and the Lender.
Jillian S. Cole
130624152v1
FILED DATE: 1/17/2024 11:28 AM 2024L050026
EXHIBIT 6
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EXHIBIT A
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EXHIBIT B
FILED DATE: 1/17/2024 11:28 AM 2024L050026
Braden and Jaime- I am working with Matt McClintoc k (a restructuring attorney ) to finalize a plan this week to reorganize the company - either through an ABC or a subchapter 5. Th is wou ld li kely just concern the parent company - Etta Collective
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
I am working with Matt McClintock (a restructuring attorney) to finalize a plan this week to reorganize the
company - either through an ABC or a subchapter 5. This would likely just concern the parent company - Etta
Collective - not each of the restaurants.
There are a number of leases that we cannot execute. And there are a whole lot of bills from the separation that
were not disclosed. Additionally I plan to list the property at 1332 W. Grand Ave for sale.
Finally there will likely be a need for dip financing and will need to know how you will want to handle this.
1
Can we catch up tomorrow on a call at 11am?
FILED DATE: 1/17/2024 11:28 AM 2024L050026
David
David Pisor
CONFIDENTIALITY NOTICE: The content of this message and any files transmitted with it is a confidential
and proprietary business communication, which is solely for the use of the intended recipient(s). Any use,
distribution, duplication or disclosure by any other person or entity is strictly prohibited. If you are not an
intended recipient or this has been received in error, please notify the sender and immediately delete all copies
of this communication.
2
FILED DATE: 1/17/2024 11:28 AM 2024L050026
EXHIBIT C
FILED DATE: 1/17/2024 11:28 AM 2024L050026
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EXHIBIT D
FILED DATE: 1/17/2024 11:28 AM 2024L050026
Please be advised that a Citation to Discover Assets was received by Wintrust Bank and Trust Co on
01/10/24. A copy is enclosed for your records.
Effective this date, funds in the account has been withdrawn and placed on hold until a turnover order or a
release from the court is received by the Bank. If applicable, funds may be offset toward outstanding loan
balances.
A hold has been placed for twice the judgment amount of the order until further instruction from the court.
If requested by order of the court, information regarding your account relationship with the Bank may be
provided as defined.
Account(s): -7772
Should you have any further questions, please contact your account officer, Jaime Hung at 312-291-2919.
Sincerely,
Jason Williger
Legal Requests Coordinator
Encl:
EXHIBIT E
Jillian S. Cole.
Direct: (312) 836-4019
FILED DATE: 1/17/2024 11:28 AM 2024L050026
E-mail: jcole@taftlaw.com
Re: Commercial Loan No. 430004123-1 (the “Loan”) from Wintrust Bank, N.A.
(the “Lender”) to David Pisor (“Pisor”), Pisor Ventures, LLC (“Pisor
Ventures”), Etta Collective, LLC (“Ella Collective”), Etta Scottsdale, LLC
(“Ella Scottsdale”), Ella Bucktown, LLC (“Ella Bucktown”), and Etta River
North, LLC (“Etta River North,” and collectively with Pisor, Pisor Ventures,
Etta Collective, Etta Scottsdale, and Etta Bucktown, the “Borrowers”).
Reference is made to the following loan documents relating to the Loan, including, but not
limited to, the following: (i) that certain Line of Credit Note and Loan Agreement, dated as of July
130624152v1
Mr. David Pisor
January 12, 2024
Page 2
FILED DATE: 1/17/2024 11:28 AM 2024L050026
17, 2023, executed by the Borrowers in favor of the Lender, in the original principal amount of
$2,500,000.00, (the “Note”); (ii) that certain Security Agreement, dated as of July 17, 2023, by
and between the Borrowers and the Lender, pursuant to which the Borrowers granted to the Lender
a security interest in virtually all of the Borrowers’ assets, including, but not limited to, its
accounts, inventory, equipment, instruments, investment property and general intangibles (the
“Security Agreement”); (iii) that certain Junior Mortgage, Security Agreement, Assignment of
Rents and Leases and Fixture Filing executed by Thirteen Thirty-Two, LLC (“1332”) in favor of
the Lender, dated as July 17, 2023 (the “Mortgage”) on the real property located at 1328-1332
West Grand Avenue, Chicago, Illinois (the “Property”) (iv) that certain Pledge Agreement, dated
as of July 17, 2023, executed by Pisor in favor of the lender (the “Pledge Agreement”); and (v)
that certain Collateral Assignment of Pacific Life Insurance Policy #VF51941380, dated as of July
17, 2023, executed by Pisor in favor of the Lender (the “Assignment,” and sometimes collectively
with the Note, the Security Agreement, the Mortgage, the Pledge Agreement and all other
instruments, loan documents and/or credit agreements relating to, evidencing, securing and/or
guarantying the Loan, the “Loan Documents”). All capitalized terms in this Notice that are not
otherwise defined herein shall have the same meanings that are ascribed to them in the Note.
This Notice shall constitute formal notice from the Lender to the Borrowers that that certain
Events of Default, which the Lender deems to be incurable, have occurred under the Loan
Documents as a result of, among other things, the following: (i) the Borrowers’ admitted
insolvency in violation of Paragraph 11(iv)(A) of the Note; (ii) the entry of a final judgment (the
“Judgment”) entered against Etta Collective in Case No. 2023 M1 171688, pending in the Circuit
Court of Cook County, Illinois (the “Litigation”) in violation of Paragraph 11(vi) of the Note; (iii)
the material adverse change in the Borrowers’ business, assets and financial condition in violation
of Paragraph 11(vi) of the Note; and (iv) the existence of the encumbrance of a citation lien by
virtue of a Citation to Discover Assets of Etta Collective to the Lender issued in the Litigation, in
violation of Paragraph 11(ii) of the Amended Note (collectively, the “Events of Default”).
As a result of the occurrence of the Events of Default, the Lender hereby exercises its right
to accelerate the entire balance due under the Note and to demand that the Borrowers immediately
repay the total amount due thereunder. As of the date of this Notice, the total amount due under
the Note, exclusive of any default interest that may be due thereunder and collection-related
expenses (including, without limitation, attorneys’ fees), is approximately $2,519,791.67.1
If the total balance due under the Note (including, without limitation, all collection-related
expenses incurred by the Lender) is not repaid immediately, then the Lender intends, and expressly
reserves the right without further notice, to: (i) accelerate the balance due under the Note; (ii) begin
charging the default interest rate on the outstanding principal balance due under the Note, effective
as of the earliest Event of Default; (iii) freeze any remaining availability under the Note; (iv)
exercise its right of setoff against any deposit accounts maintained with the Lender by the
Borrowers; (v) enforce the Lender’s rights and remedies under the Security Agreement and the
1
Interest will continue to accrue on the principal balance of the Note after the date of this Notice at $659.72 per
diem.
130624152v1
Mr. David Pisor
January 12, 2024
Page 3
FILED DATE: 1/17/2024 11:28 AM 2024L050026
Uniform Commercial Code; (vi) foreclose the Mortgage; (vii) seek the appointment of a receiver
to, among other things, take possession and control of the Property; (viii) enforce the Lender’s
rights and remedies under the Pledge Agreement and the Assignment; and (ix) initiate litigation
against the Borrowers to collect the full amount due under the Note, in which litigation the Lender
will seek to recover from the Borrowers all of the attorneys’ fees and court costs incurred by the
Lender in enforcing its rights and remedies under the Loan Documents. We hope this proves
unnecessary.
The Lender expressly reserves, and does not waive, any and all of its rights and/or remedies
under the Loan Documents and/or applicable law, regardless of whether such rights and remedies
are set forth in this Notice. Nothing in this Notice, or any delay on the part of the Lender in
exercising any of its rights and/or remedies under the Loan Documents or applicable law, shall
constitute a waiver or modification of any of the Lender’s rights and/or remedies thereunder. The
Lender also reserves, without limitation, the right to accept any partial payments made by the
Borrowers under the Note (including, without limitation, any regularly-scheduled monthly
payments due under the Note) after the date of this Notice. The Lender may apply, in its sole
discretion, any partial payments made by the Borrowers in the manner provided for in the Loan
Documents. No acceptance by the Lender of a partial payment under the Note shall constitute a
renewal or extension of the Loan, a cure of any Events of Default under the Loan Documents
(including, but not limited to, the Events of Default set forth in this Notice), a reinstatement of the
Loan, or a waiver or modification of any rights or remedies available to the Lender under the Loan
Documents or applicable law, including, without limitation, the Lender’s right to declare the entire
outstanding balance under the Note to be immediately due and owing. No oral or written
communications with Lender that any of the Borrowers may have had, or which any of them may
have after the date of this Notice, shall constitute an agreement by the Lender to amend any of the
terms of the Loan Documents or to forbear, in any manner or for any period of time, from the
enforcement of any of the Lender’s rights and remedies under the Loan Documents, or under
applicable law, unless such communications are reflected in an agreement signed by the Borrowers
and the Lender.
Jillian S. Cole
130624152v1
FILED DATE: 1/17/2024 11:28 AM 2024L050026
EXHIBIT F
David Pisor
430004123-1 Note - 1 Year 663 CL Other -
D3
EXHIBIT 7
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 1/17/2024 11:28 AM 2024L050026
M. Dore, waives service of process and confesses that there is due from Pisor to Plaintiff,
Wintrust Bank, N.A. (“Wintrust”), on the Complaint filed in this case (the “Complaint”) the
amount of $2,510,045.84, plus accrued and unpaid interest from January 16, 2024 , through the
date of judgment. Pisor further confesses that Wintrust is entitled to recover its costs and
reasonable attorneys’ fees incurred in bringing this action. Pisor confesses and agrees that
judgment may be entered in favor of Wintrust and against Pisor and Pisor releases and waives
any and all of his rights as authorized in the confession of judgment provisions in the promissory
David Pisor
By: ____________________________
One of his attorneys
24964068.1
130637482v1
FILED DATE: 1/17/2024 11:28 AM 2024L050026
EXHIBIT 8
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 1/17/2024 11:28 AM 2024L050026
Defendant, Pisor Ventures, LLC (“Pisor Ventures”), by and through its attorney, James
M. Dore, waives service of process and confesses that there is due from Pisor Ventures to
Plaintiff, Wintrust Bank, N.A. (“Wintrust”), on the Complaint filed in this case (the
“Complaint”) the amount of $2,510,045.84, plus accrued and unpaid interest from January 16,
2024, through the date of judgment. Pisor Ventures further confesses that Wintrust is entitled to
recover its costs and reasonable attorneys’ fees incurred in bringing this action. Pisor Ventures
confesses and agrees that judgment may be entered in favor of Wintrust and against Pisor
Ventures and Pisor Ventures releases and waives any and all of its rights as authorized in the
confession of judgment provisions in the promissory note signed by Pisor Ventures and
By: ____________________________
One of its attorneys
24964068.1
130637482v1
FILED DATE: 1/17/2024 11:28 AM 2024L050026
EXHIBIT 9
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 1/17/2024 11:28 AM 2024L050026
attorney, James M. Dore, waives service of process and confesses that there is due from Etta
Collective to Plaintiff, Wintrust Bank, N.A. (“Wintrust”), on the Complaint filed in this case (the
“Complaint”) the amount of $2,510,045.84, plus accrued and unpaid interest from January 16,
2024, through the date of judgment. Etta Collective further confesses that Wintrust is entitled to
recover its costs and reasonable attorneys’ fees incurred in bringing this action. Etta Collective
confesses and agrees that judgment may be entered in favor of Wintrust and against Etta
Collective and Etta Collective releases and waives any and all of its rights as authorized in the
confession of judgment provisions in the promissory note signed by Etta Collective and
By: ____________________________
One of its attorneys
24964068.1
130637482v1
FILED DATE: 1/17/2024 11:28 AM 2024L050026
EXHIBIT 10
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 1/17/2024 11:28 AM 2024L050026
attorney, James M. Dore, waives service of process and confesses that there is due from Etta
Scottsdale to Plaintiff, Wintrust Bank, N.A. (“Wintrust”), on the Complaint filed in this case (the
“Complaint”) the amount of $2,510,045.84, plus accrued and unpaid interest from January 16,
2024 , through the date of judgment. Etta Scottsdale further confesses that Wintrust is entitled to
recover its costs and reasonable attorneys’ fees incurred in bringing this action. Etta Scottsdale
confesses and agrees that judgment may be entered in favor of Wintrust and against Etta
Scottsdale and Etta Scottsdale releases and waives any and all of its rights as authorized in the
confession of judgment provisions in the promissory note signed by Etta Scottsdale and
By: ____________________________
One of its attorneys
24964068.1
130637482v1
FILED DATE: 1/17/2024 11:28 AM 2024L050026
EXHIBIT 11
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 1/17/2024 11:28 AM 2024L050026
attorney, James M. Dore, waives service of process and confesses that there is due from Etta
Bucktown to Plaintiff, Wintrust Bank, N.A. (“Wintrust”), on the Complaint filed in this case (the
“Complaint”) the amount of $2,510,045.84, plus accrued and unpaid interest from January 16,
2024 , through the date of judgment. Etta Bucktown further confesses that Wintrust is entitled to
recover its costs and reasonable attorneys’ fees incurred in bringing this action. Etta Bucktown
confesses and agrees that judgment may be entered in favor of Wintrust and against Etta
Bucktown and Etta Bucktown releases and waives any and all of its rights as authorized in the
confession of judgment provisions in the promissory note signed by Etta Bucktown and
By: ____________________________
One of its attorneys
24964068.1
130637482v1
FILED DATE: 1/17/2024 11:28 AM 2024L050026
EXHIBIT 12
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 1/17/2024 11:28 AM 2024L050026
Defendant, Etta River North, LLC (“Etta River North”), by and through its
attorney, James M. Dore, waives service of process and confesses that there is due from Etta
River North to Plaintiff, Wintrust Bank, N.A. (“Wintrust”), on the Complaint filed in this case
(the “Complaint”) the amount of $2,510,045.84, plus accrued and unpaid interest from January
16, 2024 , through the date of judgment. Etta River North further confesses that Wintrust is
entitled to recover its costs and reasonable attorneys’ fees incurred in bringing this action. Etta
River North confesses and agrees that judgment may be entered in favor of Wintrust and against
Etta River North and Etta River North releases and waives any and all of its rights as authorized
in the confession of judgment provisions in the promissory note signed by Etta River North and
By: ____________________________
One of its attorneys
24964068.1
130637482v1