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CERTIFICATION AND RELEASE (Construction, Easement, Restriction and Operating Agreement Estoppel and Release) At the request of PWA South Bend, LP, a Pennsylvania limited partnership ('Buyer"), in connection with its proposed acquisition of, among other things, all rights of First Bank Center Limited Partnership. a Minnesota limited partnership ("Seller"), in and to that certain Ground Lease Agreement for Private Development dated October 22, 1979 between City of South Bend Department of Redevelopment, as lessor, and FBT Bancorp. Inc., as lessee, which was recorded on November 13, 1979 as Document No. 7925386 in the Office of the Recorder of St. Joseph County, Indiana, as assigned, amended and modified ("Lease") relating to certain real property located at 100 North Michigan Street, South Bend, Indiana, the South Bend Redevelopment Commission hereby certifies to Seller and Buyer and their respective successors. assigns, title companies and lenders, that (i) it has reviewed the foregoing Estoppel Certificate and Release by Jenna Hotel Investments, LLC. a Delaware limited liability company, and (ii) to the best of its knowledge, the statements contained therein are true. correct and complete in all material respects. The South Bend Redevelopment Commission shall comply with the paragraph above entitled "Notices" the same as the "Undersigned Party" thereunder. Seller. Buyer and Lender may rely hereupon. Upon the closing of the sale of the Lease, and assignment and written assumption of the CEROA and Lease by Buyer, Seller shall be released from any and all liability and obligation related to or arising out of the CEROA (as defined in the Estoppel Certificate). SOUTH BEND REDEVELOPMENT COMMISSION, as to itself and on behalf of the City of South Bend Department of Redevelopment By: • Its: Date: 5 DOCS-4380 7229_vI •