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

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Section 5.8. Liens. The Borrower agrees that it will not create, incur, or suffer to exist any Lien, except (a) those for taxes, assessments or governmental charges or levies on its property if the same shall not at the time be delinquent or thereafter can be paid without penalty, or are being contested in good faith and by appropriate proceedings, (b) those imposed by law, such as carriers', warehousemen's and mechanics' liens and other similar liens arising in the ordinary course of business which secure payment of obligations not more than 60 days past due, (c) those arising out of pledges or deposits under workmen's compensation laws, unemployment insurance, old age pensions, or other social security or retire- ment benefits, or similar legislation, (d) utility easements, building restrictions and such other encumbrances or charges against real property as are of a nature generally existing with respect to properties of a similar character and which do not in any material way affect the marketability of the same or interfere with the use thereof in the business of the Company, and (e) Liens pursuant to the Mortgage. Section 5.9. Taxes. The Borrower agrees to pay when due all taxes, assessments and governmental charges and levies upon it or its income, profits or property, except those that are being contested in good faith by appropriate proceedings and with respect to which adequate reserves have been set aside. Section 5.10. Further Assurances and Corrective Instruments. The Borrower agrees that it will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the intention of or facilitating the performance of the Documents. The Borrower agrees to cause the Mortgage and the Assignment of Lease and all supplements thereto, instruments of further assurance and Uniform Commercial Code financing and continuation statements at all times to be kept, recorded, filed and registered in such manner and in such places, and will cause to be taken any such other action, as may be requested by you and required by law fully to preserve and protect the rights of the Bond holders, the Taxable Note holders and the Trustee as to all property comprising the property mortgaged, assigned, pledged or in which a security interest is created under the Mortgage, the Assignment of Lease and under the Indenture. Section 5.11. Inspection. The Borrower agrees that it will permit you, either personally or by your representatives and agents, to inspect any of the properties, corporate books and financial records of the Borrower, to examine and make copies of the books of -11-