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6C (3)
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6C (3)
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11/1/2012 9:54:30 AM
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7/9/2012 11:48:37 AM
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Exhibit "B" <br />DRAW REQUEST <br />The undersigned, for and on behalf of HISTORIC RUSHTON LP, an Indiana limited <br />partnership (hereinafter, the "Owner "), hereby requests a disbursement pursuant to the Disbursement <br />Agreement dated July 2012 ( "Agreement "), by and among Owner, SOUTH BEND <br />REDEVELOPMENT COMMISSION ( "Commission ") and SOUTH BEND HERITAGE <br />FOUNDATION, INC. ( "SBHF "), in the amount of Three Hundred Twenty -Two Thousand Three <br />Hundred Dollars ($322,300). Owner further acknowledges the prior receipt from Commission of the sum <br />of and _ /100 Dollars ($ ), representing in the <br />aggregate prior disbursements heretofore made to Owner by Commission under the Agreement. <br />The disbursement hereby requested shall be paid directly to Owner or as follows: <br />As an inducement to Commission to make the disbursement hereby requested, the undersigned <br />represents and warrants to Commission that: <br />(a) the costs of an aggregate amount set forth have been made or incurred and were necessary for <br />the installation, equipping or construction of the Project and were made or incurred in accordance with <br />the construction contracts, plans and specifications, or purchase contracts therefor then in effect; <br />(b) the amount paid or to be paid is reasonable and represents a part of the amount payable for <br />the costs of the Project all in accordance with the cost budget; and that such payment was not paid in <br />advance of the time, if any, fixed for payment and was made in accordance with the terms of any <br />contracts applicable thereto and in accordance with usual and customary practice under existing <br />conditions; <br />(c) no part of the costs was included in any Draw Request previously filed with the Commission <br />under the provisions hereof, and <br />(d) true and correct invoices or purchase contracts are attached hereto; <br />all in compliance with IC 36 -7 -14, the MOU and the Disbursement Agreement. <br />Executed this day of , 201 <br />"Owner" <br />Historic Rushton LP <br />By: Historic Rushton GP Inc., its general partner <br />Marco Mariani, President <br />
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