8448-93 Authorizing City of South Bend Economic Development Revenue Refunding Bonds (First Bank Center Project) $8,030,384.77

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shall be reasonably satisfactory to you and your special counsel, and you and they shall have received copies of such documents and papers as you and they may reasonably request in connection therewith or as a basis for such counsel's opinions, all in form and substance reasonably satisfactory to you and such counsel. Section 2.7. Closing Certificate of the Borrower. On the Closing Date, you shall have received the certificate of the Borrower, dated the Closing Date, signed by its general partners, substantially in the form attached hereto as Exhibit J. Section 2.8. Closing and Representation Certificate of FBT. On the Closing Date, you shall have received the certificate of FBT, dated the Closing Date, signed by its President or any Vice President, substantially in the form attached hereto as Exhibit K (the "FBT Closing and Representation Certificate"). Section 2.9. Mortgage Title Insurance. There shall be in full force and effect an ALTA Leasehold Mortgage Title Insurance Policy - Form 1987, with Comprehensive Endorsement Number 1 (or an ALTA Form 9 Endorsement), an ALTA 3.1 Zoning Endorsement (with parking), an endorsement deleting Item 7 from the Exclusions from Coverage and also containing an endorsement insuring the validity of the FBT Lease, in form and substance satisfactory to you and your special counsel, issued by Chicago Title Insurance Company or other title insurance company acceptable to you (the "Title Company ") issued in an amount equal to the aggregate sum of the principal amount of the Bonds and the principal amount of the Taxable Note, insuring the lien of the Mortgage to be a first lien against the Project, subject only to such exceptions as shall be satisfactory to you and your special counsel; provided, however, that such policy shall contain no exception for (w) matters which would be shown by an inspection or accurate survey of the Project, (x) rights of parties in possession, (y) easements and other matters not of record, or (z) filed or unfiled mechanics' liens. Section 2.10. Survey. You shall have received a current survey satisfactory to you prepared by a registered surveyor licensed in the State of Indiana, containing the same legal description of the Project site contained in the Mortgage and the mortgage title insurance policy described in Section 2.9 above. The survey shall be certified to you and the Title Company. The survey shall be prepared in accordance with the minimum standard detail requirements for land surveys for a Class A Survey adopted by the American Land Title Association and the American Congress on Surveying and Mapping, 1992 (with the following additional Table A requirements shown: 1, 3, 4, 6, 7, 8, 10, 11 and 13), and shall show the location of all locatable exceptions listed in the title insurance policy delivered on the Closing Date. Section 2.11. Evidence of Insurance. You shall have received policies or certificates of insurance evidencing compliance by the Borrower with the requirements of Section 1.03 of the Mortgage. -5-