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and others from prosecution of the foreclosure action. Thereafter, the
Plaintiff filed a Petition in the bankruptcy proceeding requesting per-
mission to proceed with the foreclosure action but said permission has
not to this date been granted. For approximately two years this matter
has been abated pursuant to said bankruptcy Order and on January 24, 1978,
this Court entered its Order abating the matter pending permission to pro-
ceed with the foreclosure action or conclusion of bankruptcy proceedings.
In the meantime, the parties hereto have entered into negotiations
relating to a work-opt arrangement regarding the Plaintiff's mortgage and
the various obligations of the parties hereto including an arrangement
to forebear from pursuing the foreclosure action pending reinstatement
of the mortgage, payment of arrearages and performance of additional
covenants on the part of some of those parties. The parties hereto
desire to proceed with such work-out arrangement and forebearance as more
specifically set forth hereafter and desire that this Court approve such
arrangement and enter its Order approving this Stipulation and requiring
the matters and things hereinafter specifically set forth.
The parties do hereby stipulate and agree that this Court has
jurisdiction over all the parties hereto and the subject matter hereof and
do hereby, to the extent necessary, enter their general appearances herein.
2. Statement of Facts. All parties hereto do stipulate and agree that,
except as specifically agreed to the contrary herein, each and every allega-
tion of the Complaint filed by Liberty in this cause is true and correct and
further agree that W. F. Simonet shall continue his representation of the
Plaintiff herein in lieu of the law firm of Fishback, Davis, Dominick &
Simonet. The Promissory Note, Mortgage, Assignment of Mortgage, Security
Agreement, Assignment of Security Agreement, Unconditional Guaranty,
Assignment of Unconditional ,Guaranty, and all other documents, copies of
which are attached to and made a part of the Complaint herein, were duly
executed by each of the parties purporting to execute said documents and
were duly delivered and are valid and binding documents, and the Plaintiff,
Liberty, is the owner and holder thereof and has the right to enforce said
documents.
The Note, Mortgage and Security Agreement attached to the Complaint
herein as Exhibits A, B and I are presently in default and amounts due
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aooK 3~ PacE 675