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CERTIFICATION AND RELEASE <br />(Construction, Easement, Restriction and Operating Agreement Estoppel and Release) <br />At the request of ( "Buyer "), in connection with its proposed acquisition of <br />located at , South Bend, Indiana, the South Bend Redevelopment <br />Commission hereby certifies to Seller 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 , and (ii) to the best <br />of its knowledge, the statements contained therein are true, correct and complete in all material <br />respects. <br />Upon the closing of the sale of and the ground lessee's interest in the land <br />underlying by Buyer, and upon Buyer's assumption in writing of all of Seller's <br />rights, duties, and obligations under the Walkway Agreement, Seller shall be released from any <br />and all liability and obligation related to or arising out of the Walkway Agreement. <br />SOUTH BEND REDEVELOPMENT <br />COMMISSION, as to itself and on behalf of the <br />City of South Bend Department of <br />Redevelopment <br />By: <br />Name: <br />Title: <br />Date: <br />Attest: <br />Name: <br />Title: <br />Schedule 1 <br />-6- <br />(01652540.DOC;5 ) <br />