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CERTIFICATION AND RELEASE <br />(Construction, Easement, Restriction and Operating Agreement Estoppel and Release) <br />At the request of Jenna Hotel Investments, LLC, a Delaware limited liability company <br />( "Buyer "), in connection with its proposed acquisition of the Marriott South Bend Hotel located <br />at 123 North St. Joseph Street in South Bend, Indiana, The South Bend Civic Center Board of <br />Managers hereby certifies to Host and Buyer and their respective successors, assigns, title <br />companies and lenders, that (i) it has reviewed the foregoing Construction, Easement, Restriction <br />and Operating Agreement Estoppel Certificate and Release by FBCLP Center Limited <br />Partnership, and (ii) to the best of its knowledge, the statements contained therein are true, <br />correct and complete in all material respects. <br />Upon the closing of the sale of the Hotel and the ground lessee's interest in the land <br />underlying the Hotel by Buyer, and upon Buyer's assumption in writing of all of Host's rights, <br />duties, and obligations under the Walkway Agreement (as defined in the foregoing Estoppel <br />Certificate), Host shall be released from any and all liability and obligation related to or arising <br />out of the Walkway Agreement. <br />SOUTH BEND CIVIC CENTER BOARD OF <br />MANAGERS <br />By: <br />Name: <br />Title: <br />Date: <br />-7- <br />{01630"8.D0C;7 } <br />Error? Unknown document property name. <br />