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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 City of South Bend, an Indiana <br />municipal corporation acting by and through its Board of Public Works hereby certifies to Seller <br />and Buyer and their respective successors, assigns, title companies and lenders, that (i) it has <br />reviewed the foregoing Construction, Easement, Restriction and Operating Agreement Estoppel <br />Certificate and Release by , and (ii) to the best of its knowledge, the statements <br />contained therein are true, correct and complete in all material 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 (as defined in the foregoing <br />Estoppel Certificate), Seller shall be released from any and all liability and obligation related to <br />or arising out of the Walkway Agreement. <br />CITY OF SOUTH BEND, by its Board of <br />Public Works <br />By: <br />Name: <br />Title: <br />Date: <br />By: <br />Name: <br />Title: <br />Date: <br />By: <br />Name: <br />Title: <br />Date: <br />Attest: <br />Name: <br />Title: <br />Schedule 1 <br />-7- <br />{0 1652540 DOC;5 ) <br />