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Section 2. Sub -Lease of the land. In consideration of the <br />rentals and other terms and conditions herein specified, the <br />Ce Commission does hereby sub - lease, demise, and sub -let to the <br />Sub - Lessee the real property described in Exhibit B hereto: TO HAVE <br />AND TO HOLD the same with all rights, privileges, easements and <br />appurtenances thereunto belonging, unto the Sub- lessee for a term of <br />22 years, beginning on the 15th day of April, 1991, and ending on the <br />14th day of April, 2013. The Commission hereby represents that it is <br />possessed of, or will acquire, a leasehold interest in the premises <br />by way of a certain lease between the South Bend Redevelopment <br />Authority and the Commission dated as of November 1, 1989, and that <br />it will be possessed of, or will acquire, a good and indefeasible <br />estate in fee simple subject only to permitted encumbrances, to the <br />above described real estate rio <br />p r to the termination of this <br />Sub - Lease, and the Commission warrants and will defend the same <br />against all claims whatsoever not suffered or caused by the acts or <br />admissions of the Sub- lessee. <br />The sub- lessee will not take any action or fail to take any <br />action that would result in the loss of the exclusion from gross <br />income for federal tax purposes of interest on the South Bend <br />Redevelopment Authority Bonds issued in connection with the South <br />Bend Central Development Area Public Improvement Project, pursuant to <br />Section 103(a) of the Internal Revenue Code of 1986, as amended (the <br />"Code "), as in effect on the date of delivery of the Bonds, nor will <br />the Sub- lessee act in any manner which would adversely affect such <br />exclusion. The Sub - lessee further covenants that it will not make <br />any investment or do any other act or thing during the period that <br />any Bond is outstanding hereunder which would cause any Bond to be an <br />"arbitrage bond" within the meaning of Section 148 of the Code and <br />the regulations thereunder as in effect on the date of delivery of <br />the Bonds. <br />Section 3. Rental payments. During the term of this Sub- Lease, <br />the Sub- lessee agrees to pay rental for said premises in the amount <br />of Ten Dollars ($10.00) per year, payable in advance, the first such <br />rental payment being due on the 15th day f <br />Y April, 1991, with <br />