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obligations contained in the Easement with respect to the Common Facilities, except for certain items described in the document entitled "Common Facilities Items Not in Good Condition or Repair," a copy of which is attached hereto as Exhibit A. In accordance with Section 3(d) of the Easement, Undersigned Party shall pay seventy percent (70%) of costs and expenses incurred by the Manager pursuant to the Easement and the Management Agreement described in Section C of this Estoppel to operate, maintain and repair the Common Facilities. To the extent the cost to correct the items listed in Exhibit A is payable pursuant to the Easement and the Management Agreement, Undersigned Party shall pay seventy percent (70%) of the same. The statement set forth in this Section B specifically does not include any certification or representation as to the obligations contained in the Easement as to the Lease, of which and for which Undersigned Party has no knowledge whatsoever. C. The Common Facilities Management Agreement dated as of August 4, 2011 a copy of which is attached hereto as Exhibit B constitutes the "Management Agreement' contemplated by the Easement, is in full force and effect, and satisfies all requirements of the "Management Agreement' set forth in the Easement. D. As of the date of this Estoppel and to Undersigned Party's best knowledge, the use and operation of the Undersigned Party's property by Undersigned Party is in full compliance with the requirements of the Easement. E. As of the date of this Estoppel and to the actual knowledge of the Undersigned Party, based solely on day to day observations of the Common Facilities and without further investigation, inspection or inquiry of any nature whatsoever, and in complete reliance upon the appointment of a manager pursuant to the Management Agreement, the use and operation of the Common Facilities by Seller, Undersigned Party and South Bend CAM, LLC, a Delaware limited liability company, as Manager, are in full compliance with the requirements of the Easement. F. As of the date of this Estoppel and to Undersigned Party's best knowledge, Undersigned Party has no right to claim or establish a Default Lien against any portion of the Hotel Parcel, the Office Building Parcel or Common Facilities pursuant to the terms of the Easement. G. As of the date of this Estoppel, Undersigned Party has no actual notice of (without inquiry or investigation of any nature whatsoever), any reason why Seller has a right to claim or establish a Default Lien against any portion of the Hotel Parcel, the Office Building Parcel or Common Facilities pursuant to the terms of the Easement. H. As of the date of this Estoppel and to Undersigned Party's best knowledge, Undersigned Party is not in breach or default under the Easement and no event has occurred which, given notice, the passage of time or both, would constitute a breach or default by Undersigned Party under the Easement. I. As of the date of this Estoppel, Undersigned Party has no actual notice of 2 DOCS-83807227-vI PHIL 1 2573277v.2