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01-24-13
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• <br /> CERTIFICATION AND RELEASE <br /> (Operation, Maintenance and Easement Agreement Estoppel and Release) <br /> At the request of PWA South Bend, LP, a Pennsylvania limited partnership <br /> ("Buyer"). in connection with its proposed acquisition of all rights of First Bank Center <br /> Limited Partnership. a Minnesota limited partnership ("Seller"), in and to that certain Ground <br /> Lease Agreement for Private Development dated October 22, 1979 between City of South <br /> Bend Department of Redevelopment, as lessor and FBT Bancorp, Inc.. as lessee, which was <br /> • <br /> recorded on November 13, 1979 as Document No. 7925386 in the Office of the Recorder of <br /> St. Joseph County, Indiana, as assigned, amended and modified ("Lease") demising real <br /> property located at 100 North Michigan Street. South Bend, Indiana, the South Bend <br /> Redevelopment Commission hereby certifies to Seller and Buyer and their respective <br /> successors, assigns, title companies and lenders, including, without limitation, Lender, that <br /> (i) it has reviewed the foregoing Operation, Maintenance and Easement Agreement Estoppel <br /> Certificate and Release by Jenna Hotel Investments. LLC, a Delaware limited liability <br /> company . and (ii) to the best of its knowledge, the statements contained therein are true, <br /> correct and complete in all material respects. The South Bend Redevelopment Commission <br /> shall comply with the paragraphs above entitled "Notices" and "Lender Cure Rights" the <br /> same as the "Undersigned Party" thereunder. Seller, Buyer and Lender may rely hereupon. <br /> Upon the closing of the sale of the Lease, and assignment and written assumption of <br /> the Easement and Lease by Buyer, Seller shall be released from any and all liability and <br /> obligation related to or arising out of the Easement (as defined in the Estoppel Certificate). <br /> SOUTH BEND REDEVELOPMENT <br /> COMMISSION, as to itself and on behalf of <br /> the City of South Bend Department of <br /> Redevelopment <br /> By: <br /> Its: <br /> Date: <br /> 7 <br /> DOCS-#3807227-%I <br /> PHIL) 2573277v.2 <br />
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