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STATE OF INDIANA <br />SS: <br />ST. JOSEPH COUNTY <br />Before me, the undersigned, a Notary Public in and for said State, personally appeared <br />and , members of the Board of <br />Public Works of the City of South Bend, and acknowledged the execution of the foregoing First <br />Amendment to Construction, Easement, Restriction and Operating Agreement on this day <br />of , 2011. <br />Witness my hand and notarial seal. <br />(SEAL) <br />(Written Signature) <br />(Printed Signature) <br />My Commission Expires: _ <br />My County of Residence is: <br />-14- <br />{01652540.DOC;5 <br />Notary Public <br />