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6E(1)
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02-08-11 Packet
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6E(1)
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2/4/2011 1:21:54 PM
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4. No Defaults. Agency has no knowledge that Borrower is in default in the <br />performance of any covenant, condition or agreement to be performed by Borrower <br />under or with respect to the Ground Lease, or that any event has occurred which, with <br />the passage of time and/or the giving of notice, would constitute a breach or default <br />under or with respect to the Ground Lease. <br />5. Notice of Centier Mortgage. Agency acknowledges that it has been <br />furnished with the name and address of the mortgagee with respect to the financing <br />provided herein: <br />Centier Bank <br />4101 Edison Lakes Parkway, Suite 325 <br />Mishawaka, Indiana 46545 <br />in compliance with the provisions of Section 801(d) of Part II of the Ground Lease, and <br />that no further notice thereof is necessary. Agency further acknowledges and agrees <br />that Centier is the "Mortgagee" as defined in the Ground Lease. <br />6. Notices to Centier. Agency agrees that, so long as Centier is the <br />Mortgagee under the Ground Lease, Agency will deliver copies of all notices given to <br />Borrower under or with respect to the Ground Lease as and when such notices are <br />given to Borrower. <br />7. Right of Centier to Cure Defaults. Agency acknowledges that Centier <br />has the right to cure or remedy any breach of covenant or default by Borrower pursuant <br />to Section 802(e) of Part II of the Ground Lease. Agency acknowledges and agrees <br />that, pursuant to such right to cure or remedy, Agency will give Centier notice of any <br />breach of covenant or default under the Ground Lease and will allow Centier the option <br />to cure such breach of covenant or default within sixty (60) days (or such longer period <br />as may be reasonably necessary) after such notice is given to Centier. Agency <br />acknowledges and agrees that Agency will not effectuate any termination of the Ground <br />Lease pursuant to Section 1404 of Part II thereof prior to the time that the said cure <br />period provided to Centier has expired. <br />8. Purchase Option. Agency acknowledges that Centier has certain options <br />to purchase the Land pursuant to Section 8 of Part I and Section 1201 of Part II of the <br />Ground Lease if and when Centier acquires the leasehold interest in the Land. Agency <br />acknowledges and agrees that the appraisals provided for determining the fee purchase <br />price pursuant to Section 9 of Part I of the Ground Lease will value the Land as though <br />the Land were vacant, with no value for any buildings or other improvements included. <br />9. Acknowledgment of Reliance. Agency expressly acknowledges that <br />Centier is relying upon the matters stated in this Certificate in making the loan to <br />Borrower. <br />2 <br />
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