6A(6) Stephenson Mill Apartments Lease Extension

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APE~ -05 -2011 15:00 From:REAL. ESTATE 770 587 5496 To:15742359892 P.7/8 4_ Nn Defaults. Landlord and Tenant each represent and warrant that there are no uncured defaults under the Tease and that to the extent cdthur party previously failed to perform an obligation under the Lease, the performance Of such obligation is hereby waived. 5. Commissions. Landlord and 'T "cnant represent to each other that they have net Gruthori ,cd any broker to act on such party's behalf if] court"tiou with this First Amendment. 6, Continued-Validity. Except as ex meekly mt)difird hereby, the remaining; terms and conditions of the Lease.shall remain in full force and effect. 7. Representations and Warranties, (a) Tenant hereby represents and warrants that (i) Tenant is duly organized, validly existing and in good standing (if applicable) in accordance with the laws of the Mate under which it was organized; (ii) Tcnarlt is authorized to do business in the State where, the Premises is located; and (iii) the individual cxecutiog and delivering this !First Amendment on behalf of '1 °errant has been property authorized to do so, and such execution and delivery shall bind Tenant to its terms. (b) Landlord hereby represents and warrants that (i) Landlord is duly organized, validly existing and in good standing (if applicable) in ac;c: miance with the laws of the State under which it was organized; (ii) Landlord is authorized to do business in the State where the, P'ren)ises is located; find (iii) the individual executing and delivering this First A nundment on behalf of Landlord has been properly authorized to do so, and such execution and- dolivcry shall bind Landlord to its terins 8. Coanteroarts: Conflicts. This First Amandmcut may be executed in multiple counterparts, cacti of which shall be deemed an original and together will constitute; one and the saine document. To the extent of a conflict or inconsistency between the terms of this Second A e,ridnttsat and the terms contained in the Lease, the ternis of this First Amendment shall prevail. 9. GOyer-nine Law. This First Amendment %hall be governed by the laws of the State of Indiana. .2.