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CERTIFICATION AND RELEASE (Construction, Easement, Restriction and Operating Agreement Estoppel and Release) At the request of Jenna Hotel Investments, LLC, a Delaware limited liability company (`Buyer "), in connection with its proposed acquisition of the Marriott South Bend Hotel located at 123 North St. Joseph Street in South Bend, Indiana, the City of South Bend, an Indiana municipal corporation acting by and through its Board of Public Works hereby certifies to Host and Buyer and their respective successors, assigns, title companies and lenders, that (i) it has reviewed the foregoing Construction, Easement, Restriction and Operating Agreement Estoppel Certificate and Release by FBCLP Center Limited Partnership, and (ii) to the best of its knowledge, the statements contained therein are true, correct and complete in all material respects. Upon the closing of the sale of the Hotel and the ground lessee's interest in the land underlying the Hotel by Buyer, and upon Buyer's assumption in writing of all of Host's rights, duties, and obligations under the Walkway Agreement (as defined in the foregoing Estoppel Certificate), Host shall be released from any and all liability and obligation related to or arising out of the Walkway Agreement. CITY OF SOUTH BEND, by its Board of Public Works By: Name: Title: Date: By: Name: Title: Date: By: Name: Title: Date: Attest: Name: Title: -6- {01630998.DM;9 } Error! Unknown document property name.