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(735 ILCS 5/9-110) (from Ch. 110, par. 9-110)
Sec. 9-110.
Judgment for whole premises - Stay of enforcement.
If
it appears on the trial that the plaintiff is entitled
to the possession of the whole of the premises claimed, judgment for the
possession thereof and for costs shall be entered in favor of the plaintiff.
However, if the action is brought under Article IX of this Code and is
based upon a breach of a contract entered into
on or after July 1, 1962 for the purchase of such premises, the court,
by order, may stay the enforcement of the judgment for a period
not to exceed 60 days from the date of the judgment, or if the court
finds that the amount unpaid on the contract is less than 75% of the
original purchase price, then the court shall stay the enforcement of the
judgment for a period of 180 days from the date of the judgment. The court
may order a stay of less than 180 days (but in no event less than 60
days) if it is shown that the plaintiff, prior to the filing of the action
under Article IX of this Act, granted the defendant previous extensions of
time to pay the amounts due under the contract, or for other good cause
shown. If during such period of stay the defendant pays the entire amount
then due and payable under the terms of the contract other than such
portion of the principal balance due under the contract as would not be
due had no default occurred and costs and, if the contract provides
therefor, reasonable attorney's fees as fixed by the court, and cures
all other defaults then existing, the contract shall remain in force the
same as if no default had occurred. The relief granted to a defendant
by this Section shall not be exhausted by a single use thereof but shall
not be again available with respect to the same contract for a period of
5 years from the date of such judgment. Whenever defendant cures the
default under the contract pursuant to this Section, the defendant may within
the period of stay file a motion to vacate the judgment in the court in
which the judgment was entered, and, if the court, upon the hearing of
such motion, is satisfied that such default has been cured, such
judgment shall be vacated. Unless defendant files such motion to vacate
in the court or the judgment is otherwise stayed, enforcement of the judgment
may proceed
immediately upon the expiration of such period of stay and all rights of the
defendant in and to the premises and in and to the real estate described
in the contract are terminated.
Nothing herein contained shall be construed as affecting the right of
a seller of such premises to any lawful remedy or relief other than that
provided by Part 1 of Article IX of this Act.
(Source: P.A. 85-907.)
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